Category Archives: Particularity

E.D.N.Y.: “MS-13 paraphernalia, photographs, and/or graffiti” satisfied particularity

In a RICO prosecution of MS-13, the search warrant included “MS-13 paraphernalia, photographs, and/or graffiti” and this satisfied particularity. United States v. Saenz, 2022 U.S. Dist. LEXIS 231895 (E.D.N.Y. Dec. 27, 2022):

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PA: Attachment to a warrant can provide particularity

The attachment to a warrant can provide particularity. While one ground to suppress was mostly litigated, it was apparent the other ground wasn’t waived or abandoned. Commonwealth v. Young, 2022 PA Super 220 (Dec. 23, 2022).* “Here, the record demonstrates … Continue reading

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S.D.N.Y.: The SW was as particular as the information officers had would allow

“In this case, by contrast, there is no indication that law enforcement had a wealth of detailed information that was not reflected in the search warrant. The Premises Warrant was not required to provide more details regarding the specific electronic … Continue reading

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CA8: SW in CP case can include whole house, not just def’s room

In a child pornography case, the search warrant need not be limited to only defendant’s room. It can be the whole house. United States v. Schave, 2022 U.S. App. LEXIS 34757 (8th Cir. Dec. 16, 2022). Officers got a warrant … Continue reading

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OR: SW omitted apt. no. but affidavit had it; they both were present at the search and that was sufficient

The affidavit for this warrant mentioned only defendant’s apartment building. The affidavit mentioned the apartment number. “The warrant did not incorporate or otherwise reference the affidavit and did not identify defendant by name. Green testified that the omission was an … Continue reading

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FL1: Bedroom and bathroom being separated by wall didn’t make house multi-family

Defendant’s bedroom and bathroom were separate in the dwelling, walled off, but there was no outward appearance that it was an independent living unit: One address, one mailbox, one kitchen, a single-family dwelling on the tax rolls. He went out … Continue reading

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IL: Smell of burnt mj alone not RS

The smell of burnt cannabis without seeing more is not reasonable suspicion in Illinois. People v. Redmond, 2022 IL App (3d) 210524, 2022 Ill. App. LEXIS 479 (Nov. 15, 2022). On an Anders brief, the inventory search of defendant’s car … Continue reading

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D.R.I.: Church rectory was subject to a SW and it was treated as a single-family dwelling with separate bedrooms

A church rectory was the subject of a child pornography search warrant. Multiple people lived there, but there was no sign that it was a multi-family type dwelling: “A more detailed description of the building, however, is not provided. From … Continue reading

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N.D.Tex.: Officers don’t have to say they have PC before an automobile exception search

The officers didn’t say they had probable cause at the beginning of the search of the vehicle, but on the totality they did. United States v. Wesley, 2022 U.S. Dist. LEXIS 200320 (N.D. Tex. Nov. 3, 2022).* The Fourth Amendment … Continue reading

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M.D.Fla.: Alleged nice “threat” to break down door to enter on warrant was not coercive

Officer’s alleged threat to break down the door stated in a nice tone of voice was not coercive, even if true, because the officer could have. On the totality, there was consent to enter to execute the arrest warrant because … Continue reading

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D.Minn.: “‘The Fourth Amendment’s particularity requirement is a standard of practical accuracy rather than a hypertechnical one.'”

“’The Fourth Amendment’s particularity requirement is a standard of practical accuracy rather than a hypertechnical one.’” Defendant’s particularity argument fails. It was particular enough, and good faith exception applies. United States v. Jones, 2022 U.S. Dist. LEXIS 185980 (D. Minn. … Continue reading

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D.Mass.: 6 mo. old info in a drug SW application was stale, and no GFE

The information in a drug search warrant was six months old. No reasonable officer would believe it showed probable cause, despite a magistrate signing off on it. It is “so lacking” in its showing that the good faith exception does … Continue reading

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PR: SW may be for more than one place on a proper showing, except this one clearly lacked PC

The search warrant here was for three separate locations which is not per se unreasonable. However, the probable cause showing was lacking because it was based on mere suspicion that a firearm was in one of three possible places. The … Continue reading

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IL: Smell of burnt MJ in a car in a recreational use state not PC

“We hold that the smell of the burnt cannabis, without any corroborating factors, is not enough to establish probable cause to search the vehicle, and the court did not err in granting the motion to suppress. This finding comports with … Continue reading

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CA9: Oral amendment to SW to add a place to be searched never incorporated violates 4A, but GFE here because no controlling authority

Officers had a search warrant for plaintiff’s hotel room searching for evidence of a drug operation. They called the issuing judge for permission to search plaintiff’s home under the same affidavit, which was orally granted, but the warrant was not … Continue reading

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MD: Full searches of cell phones can be a general search; there must be particularity or time limitation

Blanket full searches of cell phones without a particularity or time limitation can violate the Fourth Amendment and become a general search. It is suggested there be a search protocol if possible to limit the officers’ discretion. Despite all those … Continue reading

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CA5: Multiple cell phones found with a quantity of drugs creates inference phones are for drug trafficking

When multiple cell phones and drugs are found together in a car, it’s a reasonable conclusion the cell phones are related to drug trafficking. The search of the phones reasonably led to child porn. United States v. Morton, 2022 U.S. … Continue reading

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D.S.D.: SW for shallow grave didn’t describe location well enough to easily find it, but GFE applies

The warrant’s direction to search for a shallow grave was not particularly described, and it was found a mile away from where the warrant directed. The attachment wasn’t incorporated. Still, however, the good faith exception applies. This was negligent at … Continue reading

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D.N.M.: SW for computer files created in a one week period was particular

The warrant here was for computer files created in a one week period. That was particular. United States v. Riego, 2022 U.S. Dist. LEXIS 130233 (D.N.M. July 22, 2022). The district court’s findings of fact support the finding of exigent … Continue reading

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CT: John Doe DNA arrest warrant based on touch DNA is too general to satisfy the particularity requirement

A John Doe DNA arrest warrant based on touch DNA is too general to satisfy the particularity requirement. State v. Terrance Police, 2022 Conn. LEXIS 123 (May 10, 2022):

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