Category Archives: Particularity

MO: When there’s one black phone to be seized and searched, that’s all the SW needs to describe

Identifying the thing to be searched as a “black Samsung cell phone with a black case” was specific enough without including the phone number or serial number when there was only one in hand. State v. Bales, 2020 Mo. App. … Continue reading

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NY2: Pawnbrokers are “pervasively regulated” under 4A

Pawnbrokers are “pervasively regulated” for consumer protection. City of Los Angeles v. Patel is way different because that industry was not so regulated. Collateral Loanbrokers Assn. of N.Y., Inc. v City of New York, 2019 NY Slip Op 09354, 2019 … Continue reading

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OH10: Fact premises had two addresses was unknown to officers; no suppression

The trial court redacted a false statement [likely a cut and paste error] from the affidavit for the search warrant and it didn’t undermine the probable cause at all. It doesn’t matter whether it was intentional or negligent because probable … Continue reading

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N.D.Ga.: Even if SW was not particular enough, it wasn’t so defective or obvious that the GFE should not apply

Even if the search warrant for defendant’s cell phone was overbroad, which isn’t even decided, it was not so overbroad that the good faith exception to the exclusionary should be applied. United States v. Obie, 2019 U.S. Dist. LEXIS 216350 … Continue reading

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HI: Officer was aware house had two living units; SW didn’t specify which and search suppressed

The officer obtaining the search warrant was aware that there were two separate units in this dwelling, an upstairs and a downstairs. He also knew there were stairs and separate entrances. The upstairs was one color, and the downstairs another. … Continue reading

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E.D.Mich.: Broad SW for cell phone photos was reasonable because of how they’re stored

A broad search warrant for photographs on a cell phone was reasonable because that’s the only way the photos can be searched. In addition, the good faith exception applies. United States v. Hawkins, 2019 U.S. Dist. LEXIS 214030 (E.D. Mich. … Continue reading

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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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