Category Archives: Scope of search

S.D.Cal.: Scope of a parole search is based on RS parolee is in control of specific place searched

The scope of a parole search has to be based on at least reasonable suspicion that the place to be searched was under the control of the parolee. There was no evidence available that showed he had joint control of … Continue reading

Posted in Probation / Parole search, Scope of search | Comments Off

CA4: After seizure of cell phone, actual search under SW doesn’t have to happen by the date on the SW to be reasonable

The seizure then search of defendant’s cell phone under a search warrant was reasonable because the search followed the terms of the warrant. Actually analysis of the data doesn’t have to happen within the time on the face of the … Continue reading

Posted in Cell phones, F.R.Crim.P. 41, Scope of search, Warrant execution | Comments Off

S.D.N.Y.: Seizure of months of CSLI was proper to connect def to a particular place

Months of historical CSLI, rather than just three day’s worth, was properly acquired by the government to show defendant’s connections to the property at issue. The third party doctrine provides defendant no relief [yet]. United States v. Serrano, 2017 U.S. … Continue reading

Posted in Cell site location information, Scope of search, Standing | Comments Off

D.P.R.: Protective sweep of garage and upstairs was valid; plain view sustained, but search of closed bag suppressed

“[T]he court finds that extending the protective sweep to the garage and the second floor was within the bounds set forth by the Supreme Court in Buie and the First Circuit in United States v. Winston, 444 F.3d 115, 120 … Continue reading

Posted in Plain view, feel, smell, Protective sweep, Reasonable suspicion, Scope of search | Comments Off

CAAF: “Though a temporal limitation is one possible method of tailoring a search authorization, it is by no means a requirement.”

A temporal limitation on a computer search isn’t practical because it could unreasonably limit investigators’ ability to search for files within the search authorization. “Though a temporal limitation is one possible method of tailoring a search authorization, it is by … Continue reading

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D.N.J.: Google has to produce emails stored overseas

Google responds to subpoenas and search warrants for email accounts from its California headquarters. The fact that the actual data may be stored in a server in another country doesn’t matter–Google still has to produce. In re Search Warrant to … Continue reading

Posted in F.R.Crim.P. 41, Scope of search | Comments Off

N.D.Tex.: SW for apartment didn’t extend to vehicle

Search warrant for defendant’s apartment didn’t extend to his vehicle, which the government concedes. The warrantless search of the vehicle along with the apartment exceeded the warrant, and the vehicle search is suppressed. United States v. Salinas, 2017 U.S. Dist. … Continue reading

Posted in Ineffective assistance, Scope of search | Comments Off

D.Conn.: SW for drugs in house supported plain view of gun under mattress

There was evidence linking defendant’s alleged drug offenses to his home, so the warrant for his home was justified. A drug search is intensive, and the gun found under a mattress was in plain view. United States v. Reyes, 2017 … Continue reading

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NE: SW for property includes vehicles found and belonging there

Search warrant for property includes vehicles parked on the property that are connected to the property [as in the owner]. State v. Hidalgo, 296 Neb. 912, 2017 Neb. LEXIS 87 (June 9, 2017). Officers coming upon an assault in progress, … Continue reading

Posted in Excessive force, Scope of search | Comments Off

W.D.Ky.: SW for premises permits search of any vehicle parked on the property

The search warrant for the house in this case permitted a search of any vehicles on the premises, not just those belonging to the owner of the residence. In any event, the good faith exception applies. United States v. Keeling, … Continue reading

Posted in Scope of search, Warrant execution | Comments Off

CA8: Warrant was broad, but not constitutionally overbroad for QI under Messerschmidt

An anonymous tip corroborated by a jailhouse telephone call showed probable cause to believe plaintiff was in possession of a pet deer in violation of state game regulations. A search warrant was issued that was broader than just that one … Continue reading

Posted in Qualified immunity, Scope of search | Comments Off

Cal.6th: SW for house for CP didn’t permit search of second house found behind it

Police linked an IP address at the residence of the owner in San José to child pornography, and they obtain a search warrant for the Reynolds residence, garages, and outbuildings. They searched Reynolds’ place for child pornography and didn’t find … Continue reading

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