Category Archives: Particularity

D.Colo.: One federal court’s practical explanation of how to analyze a particularity problem.

This is one federal court’s practical explanation of how to analyze a particularity problem. United States v. Suggs, 2019 U.S. Dist. LEXIS 38071 (D. Colo. Mar. 11, 2019). The search warrants were particular enough.

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S.D.N.Y.: Def had standing in his own work computer but not the company server

Defendant had a reasonable expectation of privacy in his own work computer, but not on what was on the company server. Because the crimes under investigation were listed in the search warrant, the warrant wasn’t general. United States v. Mendlowitz, … Continue reading

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MO: “All data” SW for cell phone was particular where crimes under investigation also listed in SW

No Missouri case deals with the question of particularity in a cell phone search. One group finds “all data” warrants not particular. Others hold such warrants valid if the crime under investigation is also mentioned. Here it was mentioned to … Continue reading

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LA2: Failure to return papers to the clerk or court does not warrant suppression

The searching officer’s failure to file the return of the paperwork with the court is not a constitutional violation requiring suppression of the search warrant. State v. Hardyway, 2019 La. App. LEXIS 320 (La. App. 2 Cir. Feb. 27, 2019). … Continue reading

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TN: Misdescription but with correct address of mobile home in SW cured by officer familiar with house being there for search

“Both Detective Norwood, who prepared the affidavit and executed the search warrant, and Investigator Mason, who participated in the execution of the search warrant, were familiar with the location of the mobile home park, and Investigator Mason knew specifically where … Continue reading

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N.D.Tex.: Two defs given standing to challenge seizure of their emails on co-def business’s account

Defendants were charged in a dietary supplement mislabeling conspiracy. On the claim of overseizure, the warrant specified “angeline” but the court concludes anything related to it was seizable as well without violating particularity. Two defendants were given standing to challenge … Continue reading

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D.S.D.: SW affidavit merely referred to but not fully incorporated satisfied GFE on particularity

For the good faith exception to apply, it is only necessary that the affidavit be referred to in the warrant to save the warrant from a failure of particularity; it doesn’t need to be completely incorporated by reference. United States … Continue reading

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ME: SW for all computers in house in a CP case wasn’t overbroad; digital images are easily moved and secreted

In a search warrant for child pornography, a request for all computers and electronic media on the premises wasn’t unreasonable, considering the ease with which digital images can be moved from one device to another and hidden. State v. Roy, … Continue reading

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D.Minn.: Nine state CSLI warrants were issued with PC and were particular

Nine state search warrants were issued for CSLI to attempt to solve nine pharmacy robberies in March-June 2018. Aside from potential standing on questions on some warrants, the search warrants were issued with probable cause and they were particular. Finally, … Continue reading

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NE: For Rodriguez purposes, it doesn’t matter that the stop was at a gas station and not on the side of the road

Defendant’s reasonable detention pre-dog sniff was at a gas station and not on the side of the road. That doesn’t change the constitutional calculus. State v. Ferguson, 301 Neb. 697 (Nov. 30, 2018). “Here, the Court finds the warrant described … Continue reading

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DE: Lack of temporal limitation in data search only results in suppression of the excess, not all

The search warrant for information was based on probable cause, but it lacked a temporal limitation. That, however, doesn’t lead to suppression of the whole; just suppression of that which was obtained that predates the probable cause. State v. Anderson, … Continue reading

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S.D.N.Y.: Emails from CIs provided PC, and the SW was limited to categories of information

A CI gave emails to government investigators about health care fraud. They and other information provided probable cause for more emails. The warrants were particularized by being limited to eight categories. United States v. Mathieu, 2018 U.S. Dist. LEXIS 192281 … Continue reading

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