Category Archives: Overbreadth

OH10: E-mail SW was not overbroad considering it sought evidence of solicitation of minors and the actual execution was limited

The e-mail search warrant in this case authorized the search of “any and all” e-mails. It was reasonable for the issuing magistrate to conclude that e-mails in the e-mail account predating the exchanges between a person answering an advertisement for … Continue reading

Posted in Consent, E-mail, Overbreadth, Warrant execution | Comments Off

N.D.Cal.: Officers knew or should have known target location was multifamily; SW for gun in one unit didn’t permit search of all five

“The issue in defendant Josue Olman Martinez’s motion to suppress is whether it was reasonable for officers to continue to search a property that they may have initially assumed was a single family residence once they knew or should have … Continue reading

Posted in Overbreadth, Scope of search | Comments Off

S.D.Cal.: SW which was not overbroad merely by including a “tending to show” phrase

Scanning text messages on a cell phone at the border was reasonable. This wasn’t a full search, and this was just a “non-forensic scan” of the phone and not a “searching inquiry.” This led, however, to a search warrant which … Continue reading

Posted in Border search, Overbreadth | Comments Off

S.D.Ohio: Clause in SW that is overbroad requires def to show what was seized under it

One overbroad clause in the search warrant didn’t require exclusion of the rest that was specifically covered. Defendant also didn’t show that which was seized under the overbroad section to have it excluded. United States v. Traum, 2016 U.S. Dist. … Continue reading

Posted in Burden of proof, Overbreadth | Comments Off

OR: State didn’t show PC to seize all cell phones, cameras, and computers def might have to get one audio recording on his cell phone

There was an alleged domestic assault at defendant’s home. There was reason to believe the home security system and his cell phone would have evidence of it in an audio recording. He could also access the security system with his … Continue reading

Posted in Cell phones, Overbreadth | Comments Off

D.N.M.: CA10 recognizes blanket suppression for a “general search,” but this doesn’t measure up; “excessive photographing” not violation of 4A

Defendant doesn’t adequately explain why complete suppression is required for the search being allegedly excessive. It is a remedy under United States v. Medlin, 842 F.2d 1194 (10th Cir. 1988), when the officers’ search is overly excessive, but this just … Continue reading

Posted in Overbreadth, Warrant execution | Comments Off

OR: Def didn’t abandon backpack by not affirmatively claiming ownership of it during vehicle search by consent

The officer had reasonable suspicion something was up and the driver of a van already stopped consented to a search of the van, but that did not include a backpack that didn’t belong to him. Defendant did not abandon the … Continue reading

Posted in Abandonment, Overbreadth | Comments Off

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

Posted in Computer searches, Overbreadth, Particularity | Comments Off

ME: CSLI info properly seized by warrant on PC, rest of cell information suppressed because warrant was severable

The state obtained a search warrant for defendant’s CSLI and practically everything else it could get from the cell provider in an effort to link him and another to a structure arson. The trial court suppressed it all. On appeal, … Continue reading

Posted in Emergency / exigency, Overbreadth | Comments Off

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

Posted in Cell phones, Overbreadth, Particularity | Comments Off