Category Archives: Particularity

PR: SW may be for more than one place on a proper showing, except this one clearly lacked PC

The search warrant here was for three separate locations which is not per se unreasonable. However, the probable cause showing was lacking because it was based on mere suspicion that a firearm was in one of three possible places. The … Continue reading

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IL: Smell of burnt MJ in a car in a recreational use state not PC

“We hold that the smell of the burnt cannabis, without any corroborating factors, is not enough to establish probable cause to search the vehicle, and the court did not err in granting the motion to suppress. This finding comports with … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, Hot pursuit, Particularity, Plain view, feel, smell, Probable cause | Comments Off on IL: Smell of burnt MJ in a car in a recreational use state not PC

CA9: Oral amendment to SW to add a place to be searched never incorporated violates 4A, but GFE here because no controlling authority

Officers had a search warrant for plaintiff’s hotel room searching for evidence of a drug operation. They called the issuing judge for permission to search plaintiff’s home under the same affidavit, which was orally granted, but the warrant was not … Continue reading

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MD: Full searches of cell phones can be a general search; there must be particularity or time limitation

Blanket full searches of cell phones without a particularity or time limitation can violate the Fourth Amendment and become a general search. It is suggested there be a search protocol if possible to limit the officers’ discretion. Despite all those … Continue reading

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CA5: Multiple cell phones found with a quantity of drugs creates inference phones are for drug trafficking

When multiple cell phones and drugs are found together in a car, it’s a reasonable conclusion the cell phones are related to drug trafficking. The search of the phones reasonably led to child porn. United States v. Morton, 2022 U.S. … Continue reading

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D.S.D.: SW for shallow grave didn’t describe location well enough to easily find it, but GFE applies

The warrant’s direction to search for a shallow grave was not particularly described, and it was found a mile away from where the warrant directed. The attachment wasn’t incorporated. Still, however, the good faith exception applies. This was negligent at … Continue reading

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D.N.M.: SW for computer files created in a one week period was particular

The warrant here was for computer files created in a one week period. That was particular. United States v. Riego, 2022 U.S. Dist. LEXIS 130233 (D.N.M. July 22, 2022). The district court’s findings of fact support the finding of exigent … Continue reading

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CT: John Doe DNA arrest warrant based on touch DNA is too general to satisfy the particularity requirement

A John Doe DNA arrest warrant based on touch DNA is too general to satisfy the particularity requirement. State v. Terrance Police, 2022 Conn. LEXIS 123 (May 10, 2022):

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D.Idaho: To claim GFE, govt at least should have shown the officers read the inadequate affidavit to show reasonable reliance

The affidavit for the search warrant here was for evidence of rioting issued months after the riot, and it led to finding a weapon and some drugs and a cell phone seizure and search. To invoke the good faith exception, … Continue reading

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MO: Def’s actions when coming upon a ruse checkpoint on I-44 was RS

“[T]he procedures of the ruse drug checkpoint, coupled with Defendant’s conduct of abruptly changing lanes and taking Exit 33 at the last second, meets the standard for individualized suspicion required by Edmond and Mack.” State v. Barnum, 2022 Mo. App. … Continue reading

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NY3: SW address for 1013 Pleasant second floor permitted search when it was actually 1015 Pleasant

The address of the place to be searched in the warrant was 1013 Pleasant Street, second floor. The second floor, however, was 1015 Pleasant Street, and it was searched. The warrant is not to be view hypertechnically, and it adequately … Continue reading

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TX: Affidavit incorporated in SW had specific description and saves SW from overbreadth argument

“The issue before us is whether the particularity requirement of the Fourth Amendment is satisfied if a warrant describes the place to be searched as a fraternity house as a whole without specifying a suspect’s actual room in the house, … Continue reading

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D.C.Cir.: Admin. law: 4A claims must be brought at agency level first

In an action before the Board for Correction of Naval Records, the service member had to raise his Fourth Amendment claim before the agency or it is waived, which is what happened here. McPherson v. Del Toro, Sec’y of the … Continue reading

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E.D.Ky.: Coming out of car with hands up adds to RS

“Next, Grant’s behavior once the traffic stop occurred gave police additional reasons to suspect that he was involved in criminal activity. King’s testimony and the video evidence presented during the hearing support the conclusion that Defendant Grant was attempting to … Continue reading

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CA8: SW not needed for parked car just driven there

A dog alert on a parked Yukon did not require a search warrant before the search. It was parked on the property of a storage facility, and it was just driven to that spot while officers were getting a warrant … Continue reading

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VA Cir.: Proposed geofence warrant lacks PC and particularity

This proposed geofence warrant fails both probable cause for what it seeks to capture and particularity. In re Info. Stored at the Premises Controlled by Google, 2022 Va. Cir. LEXIS 12 (Fairfax Co. Feb. 24, 2022):

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W.D.Pa.: SW for what turned out to be multiunit apts is suppressed, and no GFE

The multi-unit character of the property being searched under a warrant wasn’t immediately apparent to the officers, or so they said. The court doesn’t credit that because they knew defendant was in “apartment 3” on the third floor. Post-search follow-up … Continue reading

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D.Conn.: This drug case SW was broad but the attachments narrowed it enough

“The warrant here, although broad, did not lack particularity in terms of data to be searched. The warrant incorporated two attachments relevant to this inquiry. See Groh v. Ramirez, 540 U.S. 551, 557-58 (2004) (establishing that a court may construe … Continue reading

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IN: Even with a typo in the address of the place to be searched in the warrant, the correct otherwise particularly described place was searched

The address on the search warrant was wrong, but the physical description for defendant’s place was different than place with the wrong address. Defendant’s place was the target and it was searched under the warrant. The search warrant was sufficiently … Continue reading

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PA: Cell phone SW has to protect privacy, but an internet-based crime will permit a broad search

Because of the nature of the invasion into privacy, a cell phone search has to be as limited as the search of a home, and the probable cause defines the scope of the search. All they had for starters was … Continue reading

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