Category Archives: Scope of search

M.D.Tenn.: While def’s search under “all persons” clause of SW was unreasonable, he was still subject to Terry detenion

A search of defendant under an “all persons” clause in a warrant was unreasonable. Still, however, the officers had reasonable suspicion to detain him. His admission then was that he had a gun, and that led to a frisk. “Giving … Continue reading

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CA8: Parked RV was “vehicle on the premises” even though connected to water and electricity

A parked RV qualified as a “vehicle on the premises” even though it would have taken 30 minutes to make it ready to move. It had a satellite dish on the roof and it was connected to water and electricity. … Continue reading

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DE: “The scope of the warrant so far outruns that probable cause finding—and is so lacking in particularity relative to that probable cause finding—that it qualifies as plain error.”

A rare outcome: “The scope of the warrant so far outruns that probable cause finding—and is so lacking in particularity relative to that probable cause finding—that it qualifies as plain error.” Buckham v. State, 2018 Del. LEXIS 166 (Apr. 18, … Continue reading

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CA11: Financial fraud SW permits search of def’s wallet on his person

In a search warrant for financial fraud of defendant’s house, finding defendant there allowed a search of his wallet under the warrant. United States v. Shabazz, 2018 U.S. App. LEXIS 9774 (11th Cir. Apr. 18, 2018):

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ABAJ: How will prosecutors handle privileged documents from Michael Cohen raids?

No, the attorney-client privilege isn’t dead, and neither is the crime fraud exception. ABAJ: How will prosecutors handle privileged documents from Michael Cohen raids? by Stephanie Francis Ward:

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D.Me.: SW didn’t authorize search of visitor’s cars arriving after search started

The search warrant in this case did not authorize a search of a vehicle that arrived at the premises during the search. There was, however, independent probable cause for a search of the vehicle under the automobile exception. United States … Continue reading

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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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