Category Archives: Scope of search

CA10: Smell of MJ authorizes search for MJ, not looking at multiple credit cards

An anonymous caller said defendant was smoking marijuana on his car. This was reasonable suspicion at best. Assuming the smell of marijuana provides probable cause to search, the search was for marijuana, and inspecting credit cards unreasonably expanded the search. … Continue reading

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NY3: Failure to raise scope of consent to search in trial court is waiver

The car defendant back seat passenger was in was stopped for a traffic violation, and there was a furtive movement by the front seat passenger just before the vehicle came to a stop. The driver said they were going to … Continue reading

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D.Conn.: Police research before the search showed this was a single family dwelling, and it essentially was; remedy for that wouldn’t help def anyway

Defendant argued that the search warrant was overbroad because the property was a multi-family unit. Actually and factually, his argument boils down to: I can lock my door, so I have a separate privacy interest. The officers looked at the … Continue reading

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OH2: Def was in his bedroom and refused consent saying it wasn’t his house, so homeowner’s consent covered his room

Police came to a disturbance call, and they talked to two people. Defendant was in a bedroom where he allegedly stayed and he was accused of pointing a gun at the owner. An officer asked him for consent and he … Continue reading

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MN: Search of guest’s purse under SW was reasonable on totality because it wasn’t on her when police entered and it could have been associated with premises

Search of a guest’s purse during execution of a search warrant was reasonable here under the totality of the circumstances. The target of the search was a woman, and a purse is commonly associated with women. When it was found, … Continue reading

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D.Kan.: Consent to USM was to search for wanted man, and continuing search after finding him exceeded consent

Defendant’s consent was explicit: to search his house for a wanted man. When that man was found, the search had to end. Motion to suppress granted because officers exceeded the consent. United States v. Nelson, 2017 U.S. Dist. LEXIS 164992 … Continue reading

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D.Nev.: SW to seize computers in CP case includes power to search

A warrant to seize computers in a child pornography case includes the power to search it. There was probable cause for the search warrants, and the Franks challenge was too deficient to get a hearing. United States v. Cohen, 2017 … Continue reading

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MA: SW for def’s apt in drug case could authorize seizure of cell phone used to arrange drug transaction and orange shirt worn at time

The trial court erred in allowing defendant’s motion to suppress because the warrant affidavit established probable cause to believe defendant, acting through a middleman, sold cocaine to a street-level dealer. Thus, the seizure of nine cell phones found in defendant’s … Continue reading

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TX14: SW seizure of things besides child pornography to show def’s connection to the premises did not make the search unreasonable

The affidavit for the search warrant for defendant’s home and computer for child pornography was based on probable cause. The seizure of things besides child pornography to show defendant’s connection to the premises did not make the search unreasonable. (§ … Continue reading

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MA: Trial court suppression of confession on tape was clearly erroneous; with PC to arrest, def’s clothing could be seized and forensically tested

The trial court’s order suppressing defendant’s confession and the subsequent search of his clothing is reversed as clearly erroneous. Defendant’s arrest was with probable cause, and that allowed seizure and forensic testing of his clothing. Commonwealth v. Tremblay, 2017 Mass. … Continue reading

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W.D.La.: Dismantling car battery within scope of consent to search car when drugs suspected there

Merely touching the fog line isn’t a safety factor, but the Louisiana courts have sustained that as a reason for a stop, so this court finds this stop reasonable. Defendant consented to a search of the car, and that would … Continue reading

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S.D.N.Y.: The email SW here was limited by time and crime and that made it reasonable and not a general warrant

It is too easy for an email warrant to be a general warrant because there has to be an articulation of what the government is looking for. Moreover, all the emails may be seized so they can be searched looking … Continue reading

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