Category Archives: Scope of search

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

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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

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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

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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

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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

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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

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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

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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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VT: SWs for animals are different than for other property; more likely subject to exigency

Search warrants for animals are different than for other property in that they are alive and more likely subject to exigent circumstances because animal welfare is always a consideration. When executing a warrant for two animals, others apparently in distress … Continue reading

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IN: Stop was reasonably extended because the LPN didn’t match vehicle

A stop was reasonably extended by the officer because the LPN didn’t come back to the vehicle. Browder v. State, 2017 Ind. App. LEXIS 212 (May 22, 2017).* The affidavit for search warrant was not bare bones, and the search … Continue reading

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