Category Archives: Particularity

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

Posted in Particularity | Comments Off

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

Posted in § 1983 / Bivens, Particularity, Qualified immunity | Comments Off

Law.com: The Old Particularity in New Digital Raids

Law.com: The Old Particularity in New Digital Raids by Peter A. Crusco In his Cyber Crime column, Peter A. Crusco addresses the particularity requirement as it relates to digital evidence seized by search warrant, reviews some of the recent cases, … Continue reading

Posted in Cell phones, Computer searches, Particularity | Comments Off

D.Mass.: Email warrant for all material so it can be electronically and specifically searched was reasonable

The email search warrant produced 430,081 items, and the database provided then had to be searched. That complied with the terms of the search warrant and the Fourth Amendment because it still provided particularity. United States v. Aboshady, 2017 U.S. … Continue reading

Posted in E-mail, Overbreadth, Particularity | Comments Off

OH12: SW for text messages on cell phone was particular when limited to one person’s messages

Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages … Continue reading

Posted in Cell phones, Cell site location information, Ineffective assistance, Particularity | Comments Off

CA11: In search of computer for evidence of hacking, lack of time frame or search protocol doesn’t violate 4A

The search warrant for defendant’s computer was for evidence of “hacking” but produced child pornography. The lack of a time frame and search protocol for the search doesn’t make it violate the Fourth Amendment. “Considering the specific circumstances and complexities … Continue reading

Posted in Computer searches, Overbreadth, Particularity | Comments Off

W.D.Mo.: Parked RV hooked up to water and electricity with satellite dish on roof with grill and trashcan outside wasn’t subject to automobile exception

Defendant’s RV was being used as a residence when it was searched, and the automobile exception does not apply. Because it was a residence, the search warrant didn’t specify it within the residences to be searched in the search warrant, … Continue reading

Posted in Automobile exception, Particularity | Comments Off

N.D.Ga.: The SW doesn’t have to be in hand at the place of search as long as it is complied with

In a pill mill case against two doctors, the search warrant incorporated a list of what they were looking for by saying “See Exhibit B.” The use of the word “see” incorporated Exhibit B. Moreover, Exhibit B didn’t need to … Continue reading

Posted in Particularity, Warrant execution | Comments Off

D.Kan.: Email and computer SWs were necessarily broad, but not unreasonably broad

“These were not warrants to search for ‘any and all information’ or ‘all computer information’ in defendant’s house. See Christie, 717 F.3d at 1165. Rather, the attachments effectively limited the scope of the searches to material relevant to specific federal … Continue reading

Posted in Computer searches, E-mail, Overbreadth, Particularity | Comments Off

NYTimes: Mishandle a Fraud Search, and All That Fine Evidence Could Be for Nothing

NYTimes: Mishandle a Fraud Search, and All That Fine Evidence Could Be for Nothing by Peter J. Henning:

Posted in Particularity | Comments Off