Category Archives: Particularity

MS: “The description ‘stolen property’ is no description” for particularity

The affidavit for the search warrant satisfied probable cause to believe items were stolen, but the search warrant’s particularity failed because “The description ‘stolen property’ is no description” at all. More is required. Sutton v. State, 2018 Miss. LEXIS 128 … Continue reading

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E.D.Mo.: No joint venture shown with Philippines LEOs in seizure of def’s suitcase there

The search in the Philippines was not a joint venture with the United States, so the exclusionary rule doesn’t apply to it. “There is no evidence that the FBI was aware that items from Defendant’s home were in the suitcase. … Continue reading

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M.D.Fla.: SW’s particularity had a reference back to “property connected with the above listed crime(s)” and that’s particular

Despite renting a hotel room in a false name, defendant had standing to challenge the search of the room because he rented it and he was sleeping there and had his stuff there. The search warrant was based on an … Continue reading

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OH8: SW for “biological and/or forensic evidence” in a sex crime permitted seizure of a towel

The search warrant specifically stated that police would search for items that might have biological and/or forensic material and any other evidence tending to establish rape, but it didn’t specify a towel. The towel seized fell under the scope of … Continue reading

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CA11: The exact description in the SW was incorrect, but the attachment cured it

“Importantly, the warrant itself refers only to ‘[t]he premises located at: 1701 Bainbridge Avenue, Pensacola, Florida 32507.’ Although Attachment A incorrectly attributes that address to the trailer, the photo and description support the conclusion that the trailer and building are … Continue reading

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DE: No REP in recorded jail calls [obviously]

Defense counsel was not ineffective for not objecting to defendant’s jail calls that he knew were monitored and recorded. Hubbard v. State, 2018 Del. LEXIS 34 (Jan. 25, 2018).* A drug raid led to a strip search of defendant in … Continue reading

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CA11: Mistake in apt number in SW wasn’t fatal flaw because of “rich detail” describing the apt door

The search warrant had the wrong apartment number, but the location of the apartment was described in “rich detail,” including that the door had numerous stickers. Therefore, defense counsel wasn’t ineffective for not challenging the search warrant. United States v. … Continue reading

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W.D.Mo.: Shrugging shoulders in response to a question was consent

The court finds defendant consented to a search of his bag on a bus by a shrug of his shoulders. United States v. Salas-Lopez, 2017 U.S. Dist. LEXIS 212709 (W.D. Mo. Nov. 16, 2017), adopted, 2017 U.S. Dist. LEXIS 212286 … Continue reading

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CA10: Catch-all phrase with “not limited to” in SW makes it overly general and no GFE

In an unpublished opinion (that will at least be in Federal Appendix), the Tenth Circuit holds that the use of a “catch-all” phrase and “not limited to” in a search warrant made it incurably overbroad. The court also held that … Continue reading

Posted in Good faith exception, Overbreadth, Particularity | Comments Off

MA: PC was shown for searching def’s cell phone for messages to and from murder victim; SW’s overbreadth was cured by searchers’ limiting scope of search

Probable cause was shown to search defendant’s cell phone for text messages and calls from the murder victim. The victim’s phone wasn’t found, and it was logical there could be information on the phone and the victim’s was taken to … Continue reading

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NE: SW for “any and all firearms” from def’s place in a murder investigation wasn’t constitutionally imparticular

The search warrant here sought “any and all firearms” from defendant’s place. The police didn’t know whether a rifle or a handgun did the killing, but it was possible it was a rifle stuffed in his pants leg. The search … Continue reading

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CA5: Search of wrong house leads to liability: “An officer who makes no reasonable effort to correctly identify the place to be searched does not get immunity merely because someone else was leading the search.”

Sloppy police work leading to a search of the wrong house on a warrant leads to loss of qualified immunity: “An officer who makes no reasonable effort to correctly identify the place to be searched does not get immunity merely … Continue reading

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