Category Archives: Particularity

CA5: Def’s office in building behind his house was properly searched under IRS SW for house/office for records where officers relied on address publicly listed

IRS agents’ search of the home office behind defendant’s home was reasonable and did not violate the Fourth Amendment where the search warrant described defendant’s primary residence but the office carried a different address. It was reasonable to believe the … Continue reading

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N.D.Iowa: Search of defendant’s entire Facebook account was overbroad for lack of temporal limitations

Search of defendant’s entire Facebook account was overbroad for lack of temporal limitations. United States v. Burkhow, 2020 U.S. Dist. LEXIS 20319 (N.D. Iowa Feb. 6, 2020):

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CA4: 4A doesn’t require a particular statement of the crime under investigation if it otherwise adequately describes the place to be search or the person or thing to be seized

“More fundamentally, we think that the premise of Blakeney’s argument — that a search warrant always must specify the crime for which the executing officers may seek evidence – is mistaken. The Fourth Amendment ‘specifies only two matters that must … Continue reading

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E.D.Ky.: Def’s felony drug arrest after a patdown on RS of fleeing justified search of his car

Defendant was being watched by police, and he was being followed and ran a stop sign. In the stop, the officer told defendant to roll down his window and turn off the car. He rolled the window part way down … Continue reading

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S.D.N.Y.: In a 3 page affidavit for SW, showing the crimes under investigation was particular enough

The affidavits for search warrant are only three pages long, and they reference the crimes under investigation on page one or the first paragraph. That is enough here to show particularity. “The Court concludes that the fact that these brief … Continue reading

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OH8: Seat belt ordinance permissible under police power

A seat belt ordinance (as well as state law on the subject) is a proper exercise of police power for which a traffic stop may occur when an officer sees an occupant without a seat belt on. City of South … Continue reading

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LA4: Lack of apt no. in SW wasn’t inspecific where officers were directed to his door

The search warrant for defendant’s apartment didn’t have the apartment number, but the warrant was specific and directed the officers to his door. That was constitutionally adequate. State v. Gilmartin, 2020 La. App. LEXIS 118 (La. App. 4 Cir. Jan. … Continue reading

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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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