Category Archives: Particularity

NE: Expansive SW for cell phone in a shooting case with multiple participants was reasonable

The search warrant for defendant’s cell phone was expansive, but it was evidence in a shooting case where defendant and others were involved. Moreover, the good faith exception applied. State v. Goynes, 303 Neb. 129 (May 17, 2019):

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N.D.Cal.: Govt can’t show PC for search of cell phone, and GFE doesn’t apply either

The search warrant for defendant’s cell phones had inserted “no charge at this time” for the crime under investigation. The phone was seized without a warrant from a traffic stop, then searched under the warrant, but you can’t tell what … Continue reading

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D.Minn.: Gov’t proved exigency for warrantless cell phone ping

Defendant’s cell phone was pinged based on exigency. Defendant claims that it was false. “However, the salient facts on which Sgt. O’Rourke based his request are clearly borne out by the evidence.” United States v. Andrews, 2019 U.S. Dist. LEXIS … Continue reading

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D.N.M.: SW for CP in house didn’t need to identify the person who was the target of the search

Officers had probable cause that child pornography came from a particular IP address that was linked to a street address. The search warrant was properly issued for the entire premises, and it did not need to list the target of … Continue reading

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M.D.Pa.: Typo in SW address overlooked under GFE

Typographical error in the search warrant (648 South 21st Street rather than 748 South 21st Street) would be overlooked under the good faith exception where the correct property was searched. United States v. Carey, 2019 U.S. Dist. LEXIS 74140 (M.D. … Continue reading

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TN: One reference to address as “Drive” not “Street” hardly makes the SW without PC or otherwise invalidate it

“The address is shown as ‘106 Melwood Street’ nine times in the affidavit and one time as ‘106 Melwood Drive.’ Based on the totality of the information contained in the affidavit, we determine that the use of the word ‘drive’ … Continue reading

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E.D.Va.: The potentially overbroad SW was narrowed by listing the crime under investigation

The search warrant was challenged as a general warrant, but the court finds that it specified the crime under investigation, and that limited it. “Although the specific electronics recovered were not part of [one] burglary, those devices were nevertheless well … Continue reading

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S.D.Tex.: SW for entire cell phone in auto burglary is suppressed as both without nexus and overbroad

An arrest warrant doesn’t give authority to search a cell phone with the arrest. After a search warrant was issued for the phone for the crime of auto burglary, there is no nexus to the crime, and the search warrant … Continue reading

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CA6: Medical clinic wasn’t “permeated with fraud” justifying an “all records” seizure, but SW was particular enough for a substantial seizure

The district court held that the defendant’s medical clinic was “permeated with fraud” justifying an “all records” seizure. The court of appeals disagrees. There was a fair amount of potential fraud, but it wasn’t obvious. Still, the warrant had particularity … Continue reading

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M.D.Pa.: Officers found the premises had two apartments and they searched the right one

When officers executed the search warrant they discovered there were multiple residences in the building. In defendant’s part of the building, they saw his mail and were confident that they were searching the right place. “Given these facts, the Court … Continue reading

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NH: Cell phone SW for pictures and texts in a homicide case was particular

The search warrant for defendant’s cell phone was still particular enough for photographs that could be tied to text messages in a murder case. Even deleted photographs were subject to recovery. State v. Page, 2019 N.H. LEXIS 53 (Mar. 19, … Continue reading

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NY4: State didn’t show that CI actually existed; reversed

The state didn’t make a sufficient showing required by NY law that the CI actually existed. The motion to suppress should have been granted. People v. Givans, 2019 NY Slip Op 02220, 2019 N.Y. App. Div. LEXIS 2237 (4th Dept. … Continue reading

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