Category Archives: Overbreadth

N.D.Ga.: SW for defendant’s email to show his and others’ state of mind at time of crime was not overbroad

The search warrant for defendant’s email accounts to show where he was when he accessed it, “evidence relating to the planning, execution, furtherance and/or concealment of the crimes under investigation,” and his “and other participants’ state of mind as it … Continue reading

Posted in Good faith exception, Overbreadth, Qualified immunity | Comments Off on N.D.Ga.: SW for defendant’s email to show his and others’ state of mind at time of crime was not overbroad

techdirt: Court Rejects Extremely Broad Google Search Warrant, Citing Both Carpenter And Riley

techdirt: Court Rejects Extremely Broad Google Search Warrant, Citing Both Carpenter And Riley by Tim Cushing. The case is State v. Grace from Ohio, posted here.

Posted in Computer and cloud searches, Overbreadth | Comments Off on techdirt: Court Rejects Extremely Broad Google Search Warrant, Citing Both Carpenter And Riley

CA9: SW was wholesale overbroad, and QI not properly preserved for appeal

“The Second Search Warrant authorized, among other things, without any limitation as to time, the seizure of a vast array of ‘[f]inancial information’ related to Mr. Moore and ‘associated businesses’ that constitute evidence of a crime and all electronics that … Continue reading

Posted in Overbreadth, Particularity, Qualified immunity | Comments Off on CA9: SW was wholesale overbroad, and QI not properly preserved for appeal

MD reiterates search incident doctrine

Maryland reiterates search incident. “Considering these cases together, a clearer picture of the search incident to arrest exception emerges. Pacheco reminds us that, for the exception to apply, there must first exist probable cause to arrest before conducting the search. … Continue reading

Posted in Good faith exception, Overbreadth, Search incident | Comments Off on MD reiterates search incident doctrine

GA: Cell phone call SW was limited and not overbroad

The warrant for the cell phone’s call data was limited in time and reasonable. “Because, using a practical margin of flexibility, the date ranges in the search warrants were as specific as the circumstances and nature of the activity under … Continue reading

Posted in Cell phones, Consent, Overbreadth, Scope of search | Comments Off on GA: Cell phone call SW was limited and not overbroad

NY Albany Co.: Overbroad location data search remedied by narrowing to two hours

The search warrant for defendant’s location data for the week before and week after the crime was overbroad. The court instead allows the state to use the hour before and hour after. People v. Williams, 2023 NY Slip Op 23137, … Continue reading

Posted in Cell site location information, Consent, Issue preclusion, Overbreadth | Comments Off on NY Albany Co.: Overbroad location data search remedied by narrowing to two hours

PA: SW for flashlight app data on cell phone sustained

The affidavits for search warrant for this cell phone were overbroad as to what was sought lacking probable cause except for location data and use of the flashlight function. Defendant was accused of using the flashlight on his cell phone … Continue reading

Posted in Arrest or entry on arrest, Cell phones, Excessive force, Overbreadth | Comments Off on PA: SW for flashlight app data on cell phone sustained

OR: Cell phone SW in part for “evidence related to the crimes under investigation” was overbroad

The search warrant for defendant’s cell phone was specific as to particular images but general as to others, and it is suppressed as to the others. “The fact that the media command limited the media search to ‘evidence related to … Continue reading

Posted in Cell phones, Dog sniff, Issue preclusion, Overbreadth | Comments Off on OR: Cell phone SW in part for “evidence related to the crimes under investigation” was overbroad

GA: SW for practically everything on cell phone was a general warrant

The search warrant for defendant’s cell phone was overbroad, essentially permitting a general search of the entirety of information on it. Limiting it to a homicide was of no help. The good faith exception also does not apply. The fact … Continue reading

Posted in Cell phones, General warrant, Overbreadth | Comments Off on GA: SW for practically everything on cell phone was a general warrant

IA: With a judicial finding of PC, there’s no immediate right to release on bail without a bail hearing

There was probable cause for arrest involving a magistrate’s issuance of the warrant. Because there is probable cause, there’s no right to immediate release on bond under the state and federal constitutions’ bail provisions. Howsare v. Iowa Dist. Court for … Continue reading

Posted in Arrest or entry on arrest, Overbreadth, Reasonable suspicion | Comments Off on IA: With a judicial finding of PC, there’s no immediate right to release on bail without a bail hearing

D.Md.: Cell phone dump on a SW wasn’t shown to be overbroad

A cell phone dump after a search warrant wasn’t necessarily overbroad, and didn’t show it. “More particularity was impractical, and was not required.” United States v. Nelson, 2022 U.S. Dist. LEXIS 125994 (D. Md. July 15, 2022). Officers who used … Continue reading

Posted in Cell phones, Franks doctrine, Informant hearsay, Overbreadth, Social media warrants | Comments Off on D.Md.: Cell phone dump on a SW wasn’t shown to be overbroad

CA6: No 4A requirement to file SW before execution

No case says that failure to file a search warrant before it is executed violates the Fourth Amendment (or state law, not that state law matters in federal court). United States v. Dixon, 2022 U.S. App. LEXIS 19457 (6th Cir. … Continue reading

Posted in Overbreadth, Warrant papers | Comments Off on CA6: No 4A requirement to file SW before execution

NY Bronx: SDT for text message information was overbroad; SW should be sought instead

The court concludes a subpoena duces tecum to T-Mobile for text message information was overbroad. The court recommends the state apply for a search warrant instead. People v. Nelson, 2022 NY Slip Op 50630(U), 2022 N.Y. Misc. LEXIS 2968 (Bronx … Continue reading

Posted in § 1983 / Bivens, Excessive force, GPS / Tracking Data, Overbreadth, Subpoenas / Nat'l Security Letters | Comments Off on NY Bronx: SDT for text message information was overbroad; SW should be sought instead

IN: State const’l arguments have to be raised in trial court first

Defendant’s argument for a change in standing law under the state constitution that he should have the ability to challenge the search of another person’s person and clothing wasn’t raised below, so it’s waived. State v. Allen, 2022 Ind. App. … Continue reading

Posted in Automobile exception, Burden of pleading, Overbreadth, Reasonableness, State constitution, Waiver | Comments Off on IN: State const’l arguments have to be raised in trial court first

D.D.C.: J6 Committee’s subpoena to RNC not unreasonably overbroad

J6 Committee’s subpoena for records to the RNC does not violate the Fourth Amendment; it’s within Congress’s power. Republican National Committee v. Pelosi, 2022 U.S. Dist. LEXIS 78501 (D.D.C. May 1, 2022):

Posted in Overbreadth | Comments Off on D.D.C.: J6 Committee’s subpoena to RNC not unreasonably overbroad

NY Co.: SW for cell phone without time limitation was unreasonable

One search warrant for searching defendant’s phone with Cellebrite was without time limitation and was overbroad. People v. Gonzalez, 2022 NY Slip Op 22074, 2022 N.Y. Misc. LEXIS 928 (N.Y.Co. Mar. 7, 2022). Defendant claimed his jail calls after 48 … Continue reading

Posted in Cell phones, Overbreadth, Prison and jail searches, Rule 41(g) / Return of property | Comments Off on NY Co.: SW for cell phone without time limitation was unreasonable

CO: While trial court erred in considering officers’ subjective intent, there still wasn’t RS

“We conclude that while the trial court erred in considering the officers’ subjective intent in effectuating the seizure, it was nonetheless correct that the officers lacked reasonable and articulable suspicion to detain Brown. Accordingly, we affirm the trial court’s order … Continue reading

Posted in Overbreadth, Pretext, Reasonable suspicion, Waiver | Comments Off on CO: While trial court erred in considering officers’ subjective intent, there still wasn’t RS

N.D.Ind.: Prior knowledge of def was RS here

The officer well knew defendant and his vehicle. “That information, combined with his recognition of Bastin as he drove by him on the highway, was enough reasonable suspicion to justify an investigatory stop, the Government contends. As for the pretext … Continue reading

Posted in Overbreadth, Reasonable suspicion | Comments Off on N.D.Ind.: Prior knowledge of def was RS here

N.D.Okla.: Misdemeanor arrest warrant permits forcible entry in this circuit

Plaintiff’s claim that a forcible entry for a misdemeanor warrant fails because this circuit has held for 25 years that Payton applies to misdemeanor warrants. Plaintiff does state a claim, however, for failure to knock-and-announce before entry. First v. Hokett, … Continue reading

Posted in Arrest or entry on arrest, Good faith exception, Knock and announce, Overbreadth | Comments Off on N.D.Okla.: Misdemeanor arrest warrant permits forcible entry in this circuit

WA: Overbroad SW was severable as to three places searched

The Washington Division of Fish and Wildlife received detailed reports of defendant brothers’ charter boats engaging in unlawful recreational fishing of halibut to skirt the daily catch limit. They put an undercover officer (a former charter boat operator) on one … Continue reading

Posted in Overbreadth, Probable cause | Comments Off on WA: Overbroad SW was severable as to three places searched