Category Archives: Particularity

CA7: Searching wrong apt on ambiguous SW (apt 1 where there were 1A & 1B) gets qualified immunity here

When the officer arrived at plaintiff’s address with a search warrant for apartment 1, he instead found apartments 1A and 1B. The officers attempted to clear up the ambiguity before the search, and they searched 1A finding nothing, and the … Continue reading

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CA5: SW was not for all business records, just types of employment records and it was particular enough

Defendant was convicted of encouraging illegal aliens to remain in the United States. A search warrant for his business sought types of employment records, and it was not overly broad. “[G]eneric language is permissible if it particularizes the types of … Continue reading

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CA11: GFE applies to particularity, too

The good faith exception applies to the particularity of this search warrant. It was reasonably narrow, and even if it could be narrowed more, it wasn’t obviously overbroad. United States v. Alford, 2018 U.S. App. LEXIS 21581 (11th Cir. Aug. … Continue reading

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E.D.Mich.: Cell phone SWs have to be considered like a computer search; this was broad yet still particular enough

The search warrant for defendant’s phone was broad, yes, but it was sufficiently particular, and the good faith exception applies as well. A cell phone is a computer, and the issue is analyzed the same. United States v. Chang, 2018 … Continue reading

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CA8: SW for search of def’s person wasn’t particular, but there was a reference to the affidavit; GFE applies

The search warrant to search defendant’s person for things wasn’t particular, but the good faith exception applies. It referred to the affidavit which wasn’t present, but they remembered it. The search warrant wasn’t so deficient that it could not be … Continue reading

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D.D.C.: SW for Manafort’s home sustained; SW for state of mind evidence permitted under Andresen

The search warrant for defendant’s home for “[a]ny and all financial records,” “[e]vidence indicating Manafort’s state of mind as it relates to the crimes under Investigation,” and “[c]omputers or storage media used as a means to commit the Subject Offenses” … Continue reading

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E.D.Va.: SW for Manafort’s house is upheld

(1) “In sum, the warrant here (i) identified the items to be seized in relation to specific Subject Offenses, (ii) included an illustrative list of records to limit the discretion of executing agents, and (iii) provided a sufficient description of … Continue reading

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OR: Search of browser history limited to the PC, and here it was one day

Police received a call that defendant’s infant son had died at home. In his interview with the police, defendant admitted a computer search about it. The police got a search warrant for his computer search history. The probable cause here … Continue reading

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E.D. Mich.: Typo on date of affidavit can be overlooked when proven

The search warrant was facially stale, having been issued on February 7th where the affidavit was signed on January 7th. It’s shown to be a typographical error that may be overlooked. The search warrant was accompanied by its affidavit, and … Continue reading

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D.Md.: SW for drug evidence on a computer allowed cursory look at each file, and CP was validly found

Once officers were in defendant’s computer with a search warrant looking for drug evidence, they could cursorily look at each file, and, in the process found child pornography. [This is akin to a plain view.] With that, the search stopped, … Continue reading

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E.D.N.Y.: Facebook warrants have to be broad; showing the crime under investigation is limit enough

If probable cause is shown, Facebook warrants have to be broad. There must be some attempt to limit by at least the crime under investigation, but the result will likely be production of the entire account. That is not unreasonable … Continue reading

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N.D.Ga.: No 4A requirement of a computer search protocol in the SW

This search warrant was for steroids and misbranded drugs and included computers and defendant’s home. The warrant was issued with probable cause and was as particular as possible. As to the computer search, there was no constitutional requirement for a … Continue reading

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