Category Archives: Overbreadth

CA2: Govt doesn’t get GFE in forfeiture search and seizure for overbreadth and particularity problem it created

In a forfeiture case initiated with a search warrant, defects in the warrant process denied the government resort to the good faith exception for failure to apprise all the officers what they were looking for and not attaching exhibits to … Continue reading

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CA9: Officer who drafted clearly overbroad SW doesn’t get qualified immunity just because a judge signed off on it

The officer who drafted a clearly overbroad warrant that a judge approved that sought diaries and other papers wasn’t entitled to qualified immunity. Estate of Brown v. Lambert, 2019 U.S. App. LEXIS 22087 (9th Cir. July 24, 2019). Plaintiff’s decedent … Continue reading

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E.D.N.Y.: Facebook SW was far too broad, but court declines to decide 4A question and goes with GFE instead

This Facebook warrant just seeks way, way too much information when it could have been far more narrowly tailored. “That said, the court need not decide whether the Facebook Warrant violated the Fourth Amendment because, even if it did, the … Continue reading

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CA9: Overbreadth as to one category in SW moot by fact documents were included in another

In a complex tax avoidance scheme, the IRS obtained search warrant was overbroad as to one category of things to be seized in ¶ u but it was mooted by the fact that items arguably seized under that category were … Continue reading

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S.D.N.Y.: SW for the entire contents of a cell phone isn’t per se overbroad; depends on the crime involved

“The fact that the warrant authorized law enforcement agents to access all the data on the phone does not automatically render it overbroad.” Moreover, defendant doesn’t suggest that the good faith exception does not apply. United States v. Dawkins, 2019 … Continue reading

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OK: Without a specific challenge to overbreadth, trial court errs in deciding it

Defendant moved to suppress his cell phone search for lack of probable cause. He did not challenge the scope of the warrant. Therefore, the district court erred in deciding that the search warrant was overbroad. “The District Court erred when … Continue reading

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N.D.Cal.: Govt can’t show PC for search of cell phone, and GFE doesn’t apply either

The search warrant for defendant’s cell phones had inserted “no charge at this time” for the crime under investigation. The phone was seized without a warrant from a traffic stop, then searched under the warrant, but you can’t tell what … Continue reading

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E.D.Va.: The potentially overbroad SW was narrowed by listing the crime under investigation

The search warrant was challenged as a general warrant, but the court finds that it specified the crime under investigation, and that limited it. “Although the specific electronics recovered were not part of [one] burglary, those devices were nevertheless well … Continue reading

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S.D.Tex.: SW for entire cell phone in auto burglary is suppressed as both without nexus and overbroad

An arrest warrant doesn’t give authority to search a cell phone with the arrest. After a search warrant was issued for the phone for the crime of auto burglary, there is no nexus to the crime, and the search warrant … Continue reading

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DE: SW for cell phone’s movements didn’t authorize complete search of the phone’s contents

The probable cause for the search warrant of defendant’s cell phone was only for specific location information. “However, the search warrant authorizes a search and seizure of information broader than GPS location information. Specifically, the search warrant allows the State … Continue reading

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D.Ore.: Seizing house title records from house officers already had copies of wasn’t overbroad; it shows control

The search warrant was not overbroad because officers seized title records on the property that they already apparently had copies of. It shows control. United States v. Cramer, 2019 U.S. Dist. LEXIS 34959 (D. Ore. Mar. 5, 2019). There is … Continue reading

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D.D.C.: Two story building with barbershop on first floor and residence above appeared to officers as one structure for SW purposes

The building searched was two stories. Defendants argued that the first floor was a barbershop and the second floor was a “warren of rooms” which were residential in character. Thus, two search warrants were required. The court disagrees because the … Continue reading

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