Category Archives: Overbreadth

OR: First cell phone SW found unexpected SD card, second SW was tainted by overbreadth of first

Defendant’s cell phone was seized in 2011 and an SD card was unexpectedly found with sexual images of children. When defendant questioned that, a separate search warrant was sought for the SD card. The state does not show inevitable discovery … Continue reading

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N.D.Ala.: All parts of a SW are read in context, and that narrows it so it’s not overbroad

Defendant seizes on one sentence in the search warrant to contend that it was overbroad. Under Andresen, parts of warrants are read in context. In context, it was not overbroad. United States v. Canaday, 2024 U.S. Dist. LEXIS 64639 (N.D. … Continue reading

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N.D.Ohio: The residence had two front doors but could not be definitively determined to be two residences before search; search still valid when it was two

The residential building searched had two front doors but one address. This suggested that it might be two residences, but police investigating couldn’t find any indication that it was two, not one. In any event, the warrant was based on … Continue reading

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Cal.: Partial overbreadth can lead to suppression in egregious cases with flagrant constitutional violations, but this isn’t one

While partial overbreadth can lead to suppression of everything seized in an egregious case with flagrant misconduct, this isn’t one: “And as in Bradford and Kraft, we conclude that the facts here do not warrant this extreme remedy.” “According to … Continue reading

Posted in Exclusionary rule, Nexus, Overbreadth, Standing | Comments Off on Cal.: Partial overbreadth can lead to suppression in egregious cases with flagrant constitutional violations, but this isn’t one

CA2: Pending 2255 petition justifies denial of Rule 41(g) petition

The business’s petition for return of records obtained by search warrant and grand jury subpoena is denied. The business’s principal is still litigating his criminal case and a 2255 is pending, and that justifies it. Allen v. Grist Mill Capital … Continue reading

Posted in Cell phones, Overbreadth, Qualified immunity, Rule 41(g) / Return of property | Comments Off on CA2: Pending 2255 petition justifies denial of Rule 41(g) petition

AR: HBO film crew ride-along on drug raid doesn’t lead to suppression

An HBO film crew was doing a ride-along with the DEA and local DTF officers for the making of “Meth Storm.” Defendant raises via post-conviction that the ride-along film crew violated the Fourth Amendment and the state constitution. The court … Continue reading

Posted in Cell site location information, Good faith exception, Ineffective assistance, Motion to suppress, Overbreadth, Warrant execution | Comments Off on AR: HBO film crew ride-along on drug raid doesn’t lead to suppression

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

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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.

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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

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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

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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

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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

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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

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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

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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

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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