Category Archives: Particularity

E.D.Mich.: “electronic devices, narcotics and related paraphernalia, and biological evidence” was sufficiently particular

“Here, the warrants authorized officers to seize three categories of items: electronic devices, narcotics and related paraphernalia, and biological evidence. The affidavits established probable cause that Jackson’s electronic devices could contain evidence of sex trafficking—including photographs, documentary evidence, and advertisements—based … Continue reading

Posted in Particularity, Reasonable suspicion | Comments Off

D.Minn.: SW for “pornography” that “constitutes a crime” is specific enough to include CP

A search warrant for “pornography” that “constitutes a crime” is specific enough to include child pornography despite the fact that adult pornography isn’t a crime. There was also probable cause for issuance of the search warrant. United States v. Barthman, … Continue reading

Posted in Consent, Particularity | Comments Off

D.N.J.: “including but not limited to” in SW was not overbroad; it had to be read in context

A search warrant with a particularity clause of “including but not limited to” was not overbroad and had to be read in context of the preceding language. United States v. Schaffer, 2017 U.S. Dist. LEXIS 26257 (D.N.J. Feb. 24, 2017).* … Continue reading

Posted in Consent, Independent source, Particularity | Comments Off

DE: Just being involved in a shooting doesn’t give nexus to search a cell phone

The state here failed to show nexus between defendant’s cell phone and a shooting incident. In addition, the search warrant lacked all particularity — it sought to search three cell phones for data and calls without time limit or scope. … Continue reading

Posted in Cell phones, Nexus, Particularity | Comments Off

E.D.Pa.: Particularity requirement has to be more flexible in complex cases

In complex cases, the particularly requirement has to be flexible enough to accommodate the substantial amount of information that will be sought and obtained. These two warrants, from 2011 and 2014, were constitutionally particular. United States v. Devos Ltd., 2017 … Continue reading

Posted in Particularity | Comments Off

M.D.Ala.: Omission of city and county from address in SW wasn’t fatal where place to be searched was still apparent

The fact the affidavit had the address but no city and county doesn’t violate the particularity requirement. Yes, it would have been better to have done so, but the officers still could find the place they were looking for, so … Continue reading

Posted in Particularity, Probable cause | Comments Off

E.D.Mich.: SW for human body parts wasn’t a general warrant

Defendant was accused of unlawfully trafficking in human body parts, and the search warrant for his premises for body parts was not a general warrant. United States v. Rathburn, 2016 U.S. Dist. LEXIS 140562 (E.D.Mich. Oct. 11, 2016). [It seems … Continue reading

Posted in Particularity, Probable cause | Comments Off

D.Kan.: USMJ’s email warrant denial for lack of PC affirmed, but gov’t can reapply because it has more info

The USMJ’s decision that the email search warrant didn’t show probable cause is not reversed, but it was sufficiently particular. The government can reapply again because it says it has additional information. Courts must balance privacy and the government’s ability … Continue reading

Posted in E-mail, Particularity | Comments Off

VI: Alleged consent at gunpoint after stop without RS was involuntary

Defendant was found to have been stopped at gunpoint without reasonable suspicion. Even if he said “‘do whatever you want,’ this Court finds that Schulterbrandt did not freely and voluntarily give his consent” to the armed force that just arrested … Continue reading

Posted in Consent, Particularity | Comments Off

MO: SW for first structure on left was particular where the actual first was a hidden building and second was a shed

Defendant claimed that the search warrant wasn’t particular enough because it described defendant’s house as the first structure on the left on private road. Defendant shows that there were two others, but the first wasn’t visible from the road and … Continue reading

Posted in Particularity | Comments Off