Category Archives: Particularity

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

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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:

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S.D.N.Y.: Govt couldn’t use “all records exception” because of lack of PC support

Securities fraud warrant was way overbroad and can’t be saved by the “all records exception” to search defendant’s business and apartment and seize even personal records. The search was so intrusive it violated the Fourth Amendment because there wasn’t sufficient … Continue reading

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CA2: Computer SW was sufficiently particular; broad doesn’t mean necessarily unreasonable

In the Silk Road “drug kingpin” conviction, whether the third party doctrine succumbs to technology is going to have to come from SCOTUS since the doctrine came from it. The search warrant for defendant’s computer was sufficiently particular. Broad for … Continue reading

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N.D.Ohio: SW affidavit was so bare bones it never showed nexus or particularity; no GFE

The affidavit for search warrant here failed to show nexus between defendant’s house and drug dealing. There was some suspicion involving others and a stale anonymous tip never corroborated. Nothing implicated defendant except that one co-defendant was driving defendant’s van … Continue reading

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D.S.C.: Motorcycle owner’s GPS tracked to def’s backyard; no Franks violation in the SW affidavit because it was really backyard

The owner of a motorcycle had a GPS tracker on it, and he reported to the police that it was pinging at defendant’s address. Defendant’s claim that the affidavit for the search warrant for defendant’s address violated Franks because the … Continue reading

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W.D.N.Y.: Despite bad SW drafting, text messages are “records” in a cell phone

“[N]otwithstanding the warrant’s poor grammar and ‘unwieldy’ language,” the court finds that text messages are included within the definition of “records” in the defendant’s cell phone. United States v. Swinton, 2017 U.S. Dist. LEXIS 62172 (W.D. N.Y. April 24, 2017):

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W.D.Mo.: Email SW to Google was particular, and target has no 4A right to notice of the SW

“Courts have repeatedly upheld courts’ ability to issue warrants outside their respective district under the S[tored] C[communications] A[ct]. The computer system was in California with Google. The email warrant was for nearly everything for 13 months, and it wasn’t overbroad. … Continue reading

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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

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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

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