Category Archives: Particularity

M.D.La.: Typo in the address of the place to be searched not fatal where officers surveilled it before

There was an error in the address on the search warrant, but it’s clear to the court that there was no likelihood that the wrong apartment would be searched because the officers had surveilled it. There was reasonable suspicion for … Continue reading

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LA4: Actual apartment number not needed in SW when it is clearly described

The actual apartment number on the search warrant isn’t required when defendant’s apartment is clearly described. (“2819 Carondelet Street, New Orleans, La., described as the middle first floor apartment of a raised two story wood frame structure with grey stucco … Continue reading

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D.Colo.: There is no requirement the SW particularly describe the inside of the place to be searched

The CI was corroborated by controlled buys and surveillance cameras showing drug deals outside defendant’s home. The house was sufficiently described that the wrong house wouldn’t be searched. “Ms. Pereda nonetheless argues the search warrant lacked particularity because it did … Continue reading

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KY: SW not invalid because the color of door was wrong; finding gun during search for drugs not unreasonable

“Appellant specifically argues that the warrant was defective because it incorrectly described the front door to his residence as black when, in fact, the door was brown. Appellant’s first name was also misspelled in the warrant. However, neither of these … Continue reading

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CA7: Searching wrong apt on ambiguous SW (apt 1 where there were 1A & 1B) gets qualified immunity here

When the officer arrived at plaintiff’s address with a search warrant for apartment 1, he instead found apartments 1A and 1B. The officers attempted to clear up the ambiguity before the search, and they searched 1A finding nothing, and the … Continue reading

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CA5: SW was not for all business records, just types of employment records and it was particular enough

Defendant was convicted of encouraging illegal aliens to remain in the United States. A search warrant for his business sought types of employment records, and it was not overly broad. “[G]eneric language is permissible if it particularizes the types of … Continue reading

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CA11: GFE applies to particularity, too

The good faith exception applies to the particularity of this search warrant. It was reasonably narrow, and even if it could be narrowed more, it wasn’t obviously overbroad. United States v. Alford, 2018 U.S. App. LEXIS 21581 (11th Cir. Aug. … Continue reading

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E.D.Mich.: Cell phone SWs have to be considered like a computer search; this was broad yet still particular enough

The search warrant for defendant’s phone was broad, yes, but it was sufficiently particular, and the good faith exception applies as well. A cell phone is a computer, and the issue is analyzed the same. United States v. Chang, 2018 … Continue reading

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CA8: SW for search of def’s person wasn’t particular, but there was a reference to the affidavit; GFE applies

The search warrant to search defendant’s person for things wasn’t particular, but the good faith exception applies. It referred to the affidavit which wasn’t present, but they remembered it. The search warrant wasn’t so deficient that it could not be … Continue reading

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D.D.C.: SW for Manafort’s home sustained; SW for state of mind evidence permitted under Andresen

The search warrant for defendant’s home for “[a]ny and all financial records,” “[e]vidence indicating Manafort’s state of mind as it relates to the crimes under Investigation,” and “[c]omputers or storage media used as a means to commit the Subject Offenses” … Continue reading

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E.D.Va.: SW for Manafort’s house is upheld

(1) “In sum, the warrant here (i) identified the items to be seized in relation to specific Subject Offenses, (ii) included an illustrative list of records to limit the discretion of executing agents, and (iii) provided a sufficient description of … Continue reading

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OR: Search of browser history limited to the PC, and here it was one day

Police received a call that defendant’s infant son had died at home. In his interview with the police, defendant admitted a computer search about it. The police got a search warrant for his computer search history. The probable cause here … Continue reading

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