Category Archives: Overbreadth

E.D.Ky.: SW can compel persons present at time of seizure of cellphone to provide biometrics to unlock it on mere RS; PC not required

“Modern day biometric authentication features for electronic devices allow once trivial gestures, such as a momentary stare or touch, to be the barrier between the outside world and an individual’s most intimate, private details. The United States has applied for … Continue reading

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W.D.Wash.: A filter team is required for execution of an allegedly overbroad SW

A filter team isn’t required just because a Facebook account search warrant is alleged to be overbroad. United States v. Sam, 2020 U.S. Dist. LEXIS 79023 (W.D. Wash. May 5, 2020). Hearsay in a search warrant isn’t less believable solely … Continue reading

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CA11: 911 call about def threatening people with a gun in his house justified protective sweep

A 911 call reported that defendant pointed a gun at two people and threatened them in his house. Responding, they talked to the victims outside. They entered to do a protective sweep for the weapon, and saw drugs. They got … Continue reading

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DE: SW for CSLI in murder case was overbroad as to seizures more than 24 hours after the murder; limited to that time period

The search warrant for defendant’s CSLI was for 4 days before a murder and 2 weeks after. He pleads overbreadth. The warrant is particular as to the subject matter, just the time is excessive. Thus, it does not permit a … Continue reading

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OH2: Def was shot and the SW for his house where it happened included searching for drugs without PC; still it was in good faith

In an investigation of defendant’s shooting, officers obtained a search warrant for his premises and the warrant included search for drugs. The warrant was overbroad, but the court declines to apply the exclusionary rule finding it was in good faith. … Continue reading

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NY2: Pawnbrokers are “pervasively regulated” under 4A

Pawnbrokers are “pervasively regulated” for consumer protection. City of Los Angeles v. Patel is way different because that industry was not so regulated. Collateral Loanbrokers Assn. of N.Y., Inc. v City of New York, 2019 NY Slip Op 09354, 2019 … Continue reading

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N.D.Ga.: Even if SW was not particular enough, it wasn’t so defective or obvious that the GFE should not apply

Even if the search warrant for defendant’s cell phone was overbroad, which isn’t even decided, it was not so overbroad that the good faith exception to the exclusionary should be applied. United States v. Obie, 2019 U.S. Dist. LEXIS 216350 … Continue reading

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D.Minn.: Broad SW in tax investigation on one false return justified breadth of SW because it was likely other taxes were not paid, too

The nature of the probable cause and when it was found was justification for broad search warrant for records in a tax investigation. “But, unlike in Rickert, the investigation in this case began with broader data collected by the IRS … Continue reading

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NY1: SW for cell phone overbroad; no justification for searching photographs

The search warrant for the contents of defendant’s cell phone was overbroad because there was no justification for the breadth of search. This was a sex abuse case, but there was never any indication defendant possessed child pornography on the … Continue reading

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GA: Downloading entire cell phone in rape case where time line and text messages were only issues wasn’t prejudicial

Defendants were arrested for kidnapping and raping an unconscious woman they took out of a Savannah nightclub, and they were caught in the act when a bystander called the police. Police seized one cell phone after the interrogation and got … Continue reading

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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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