Category Archives: Scope of search

D.Minn.: Seizure of emails implicated A-C privilege and are subject to suppression

The defendant raised attorney-client privilege against the seizure of emails to lawyers and then CPAs retained by his tax lawyers. The former was determined to be waived. The latter, however, remained privileged. United States v. Adams, 2018 U.S. Dist. LEXIS … Continue reading

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AK: SW clause to “search any persons” here didn’t enable search of every person who came to the premises during the search

Defendant came to a Fairbanks house when a search warrant was being executed, and he was searched, too, under the auspices of the “search any persons” present reference in the warrant. Defendant’s search was unreasonable under the circumstances. Innocent persons … Continue reading

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LA5: Scope of auto exception search is the PC that authorizes it

Defendant’s car was subject to the automobile exception because it was mobile, despite being parked and not running. “The scope of the warrantless search of an automobile is not defined by the nature of the container in which the contraband … Continue reading

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W.D.Pa.: SW for premises for “other evidence of distribution” of drugs permitted search of def’s pockets

The search warrant was for “drugs, drug paraphernalia, owe sheets, cell phones, firearms, stolen merchandise, or other evidence of distribution of a controlled substance.” That permits a search of defendant’s pockets, and the cash found there was subject to potential … Continue reading

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New Republic: Should Cops Be Allowed to Rip Up Your Stuff While Looking for Drugs?

New Republic: Should Cops Be Allowed to Rip Up Your Stuff While Looking for Drugs? by Matt Ford: How the Supreme Court can curtail the destruction of private property during police searches

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MA: Consent to search for firearms and drugs “in the vehicle” wasn’t notice that the officer would search under the hood; no consent for that search

The trial court properly granted defendant’s motion to suppress because his consent to a search for drugs or firearms “in the vehicle” did not authorize an officer to search under the vehicle’s hood and to remove the air filter, since … Continue reading

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AR: Search of def’s wallet in a frisk was unreasonable

The officer made a drug arrest in the park, and defendant was around and fidgeting with his hands repeatedly going in and out of his pockets. A frisk of defendant for a weapon was reasonable, but a search of his … Continue reading

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CA4 doesn’t have to decide circuit conflict of whether smell of MJ justifies search of trunk

The smell of marijuana in the passenger compartment and more about the stop and place of stop provided probable cause for search of the entire car, including the trunk. The court notes a circuit split of whether smell in the … Continue reading

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D.Minn.: A “search and seizure warrant” not only authorized seizure of defendant’s computer but its search

A “search and seizure warrant” not only authorized seizure of defendant’s computer but its search. “Defendant’s argument that the search warrant authorized the seizure—but not the search—of his computer, phone, and computer storage media strains the bounds of logic and … Continue reading

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N.D.Ohio: Consent was to “take a look around,” but a complete search occurred and it’s suppresed

Consent was to “take a look around.” Instead, a complete search occurred, and that violated the scope of consent. Moreover, directions to the consenter show that she was under police control and not free to leave and that factors into … Continue reading

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IA: Mere visitor’s purse couldn’t be searched on execution of SW without an independent connection to premises

When a mere visitor is encountered during execution of a search warrant on the premises, her purse cannot be searched without independent cause linking her to the premises other than mere presence. State v. Brown, 2018 Iowa Sup. LEXIS 1 … Continue reading

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OH11: Consent to search pockets didn’t include socks

Defendant consented to a search of his pockets, and the officer exceeded that consent by searching his socks. State v. Ferrell, 2018 Ohio App. LEXIS 18 (11th Dist. Jan. 3, 2018). Defendant was arrested for assault and battery on a … Continue reading

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