Category Archives: Particularity

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

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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

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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

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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

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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

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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

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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

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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

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OR: Search of computer’s browser history limited to the PC; here, 15 minutes, not two months; a computer is more of a “place to be searched” rather than a “thing to be seized”

Defendant was convicted of murder by child abuse. The only relation of a computer was his admission that he used a computer to search for symptoms when the child was sick 15 minutes before his 911 call. When the computer … Continue reading

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N.D.Ga.: Use of an electronic “sniffer” to find a target computer in a college building was particular

Police used an electronic “sniffer” to attempt to find a MAC address of an operating computer in an Emory University building. “The affidavit described the plan to use a sniffer to ‘identify the wireless device associated with the suspect MAC … Continue reading

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S.D.Tex.: Seizure of cell phone incident to arrest was valid

“Here, the seizure of Fulton’s cell phone during his arrest fell squarely within the exception articulated in Chimel and Robinson as a seizure incident to arrest.” United States v. Fulton, 2016 U.S. Dist. LEXIS 83014 (S.D.Tex. June 23, 2016). The … Continue reading

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OH8: SW for “Apt. #1” with white door was valid where there was only one with a white door, albeit No. 3, and officers were directed by color of door

The description of the apartment with the white door on the corner of the building, “Apt. #1,” proved incorrect because Apt. #3 was the only one with a white door. The officers executing the warrant were directed to the one … Continue reading

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