Category Archives: Particularity

AR: Prosecutor also didn’t know for a year that an HBO documentary crew was present at search; no discovery violation on SW materials

About a year after the execution of the search warrant, the parties learned that an HBO documentary crew recording Meth Storm was along for the search. Citing Layne v. Wilson and Brady, the defense sought access to the video and … Continue reading

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NY1: Def showed that multifamily use of premises was permitted, not that it was such at time of search

The warrant was sufficiently particular because the premises was apparently occupied by a single family. The city authorized it to be a multifamily dwelling, but there’s nothing at the suppression hearing that shows that it was used that way at … Continue reading

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W.D.Pa.: Even if the one challenged sentence in the SW affidavit was stricken under Franks, PC would still exist

Defendant challenged one sentence in the affidavit as a Franks violation, but it doesn’t even appear to be false. Moreover, even if that sentence were stricken, there still would be probable cause, and he fails in his burden of proof. … Continue reading

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D.Ariz.: SW for law office was apparently one office with one entrance

HSI obtained a search warrant for the “law office of Marivel Cantu-Madril” which was in Suite D at the address, and her husband’s law office was in Suite E. The entrance to both offices was through the front door to … Continue reading

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WA: Affidavit and SW didn’t need to specify statutes of crimes under investigation when it was apparent it was murder

The search warrant of defendant’s place for trace evidence of a dead body rather than the body itself was reasonable because the police had information that the body had been burned in a fire pit. In addition, the affidavit and … Continue reading

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D.Kan.: Passenger’s flight from a car during a traffic stop is RS

A passenger’s flight from a car during a traffic stop is reasonable suspicion. United States v. Goines, 2019 U.S. Dist. LEXIS 197656 (D. Kan. Nov. 14, 2019). The search warrant for defendant’s home was particular because it referenced Attachment B, … Continue reading

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N.D.Okla.: Particularity in computer searches depends on how SW was executed

Particularity in a computer search has to be flexible and reasonable because of the vast amount of information that is of necessity swept up. “Instead of applying rigid rules requiring particularity when seeking a warrant, the focus should be on … Continue reading

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N.D.Ohio & S.D.Miss.: SW including “any vehicle on the premises” is still particular

A search warrant that authorized the search of “any vehicle on the premises” was not unparticular because it allowed searches of visitor’s cars too. Plenty of cases already hold that “any vehicle on the premises” is particular. Moreover, there was … Continue reading

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IA: Failure to get ruling on state constitutional claim was waiver

Defendant barely raised the state constitutional claim below and why it should be different than the Fourth Amendment claim and in her briefing, but the issue was not decided below so it wasn’t preserved for review. State v. Lasley-Eakins, 2019 … Continue reading

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M.D.Pa.: Despite appearance building was multi-unit, SW was still particular because it alleged he was in control

The search warrant was sufficiently particular despite there being more than one entrance to the building and the fact there were multiple electric boxes outside. Based on what the officers knew, it was either one or all under his control. … Continue reading

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D.Nev.: Email SW limited to a date range and containing keywords was particular

Email search warrant limited to a date range and containing keywords was particular. United States v. Cariani, 2019 U.S. Dist. LEXIS 177059 (D. Nev. Oct. 10, 2019):

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D.N.M.: Apt. number not required since specific location was given

The specific apartment number wasn’t given, but the physical and geographic location was, and that’s sufficient. “This description provided sufficient particularity for officers to locate the unit to be searched. Accordingly, the Court finds that the affidavit’s description of the … Continue reading

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