Category Archives: Overbreadth

CA10: Catch-all phrase with “not limited to” in SW makes it overly general and no GFE

In an unpublished opinion (that will at least be in Federal Appendix), the Tenth Circuit holds that the use of a “catch-all” phrase and “not limited to” in a search warrant made it incurably overbroad. The court also held that … Continue reading

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MA: PC was shown for searching def’s cell phone for messages to and from murder victim; SW’s overbreadth was cured by searchers’ limiting scope of search

Probable cause was shown to search defendant’s cell phone for text messages and calls from the murder victim. The victim’s phone wasn’t found, and it was logical there could be information on the phone and the victim’s was taken to … Continue reading

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MS: SW request was for blood alcohol but SW said drugs too; warrant not unreasonable or overbroad

The showing of probable cause for defendant’s blood testing specified alcohol, but the warrant actually said alcohol or drugs could be tested for. This was not unreasonable considering defendant’s driving which was a part of the probable cause. Roberts v. … Continue reading

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D.Mass.: Email warrant for all material so it can be electronically and specifically searched was reasonable

The email search warrant produced 430,081 items, and the database provided then had to be searched. That complied with the terms of the search warrant and the Fourth Amendment because it still provided particularity. United States v. Aboshady, 2017 U.S. … Continue reading

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OH12: SW for text messages on a cell phone was not overbroad where it was limited to messages from one person

Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages … Continue reading

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M.D.Ala.: Govt’s email SW in identity theft scheme is overbroad; applications need to be limited and resubmitted

The government’s email search applications are overbroad and don’t sufficiently protect the privacy rights of the account holders. The government, however, can limit the applications and submit them again. “The Magistrate Judge’s denial of the search warrant applications was not … Continue reading

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CA11: In search of computer for evidence of hacking, lack of time frame or search protocol doesn’t violate 4A

The search warrant for defendant’s computer was for evidence of “hacking” but produced child pornography. The lack of a time frame and search protocol for the search doesn’t make it violate the Fourth Amendment. “Considering the specific circumstances and complexities … Continue reading

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CA11: Order to Apple to unlock iPad was reasonable under All Writs Act and New York Telephone

The district court’s order to Apple to unlock defendant’s iPad was reasonable and appropriate under the All Writs Act and United States v. New York Telephone Co. Also, seizing an entire Facebook account wasn’t “open and shut” a general warrant, … Continue reading

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S.D.N.Y.: The email SW here was limited by time and crime and that made it reasonable and not a general warrant

It is too easy for an email warrant to be a general warrant because there has to be an articulation of what the government is looking for. Moreover, all the emails may be seized so they can be searched looking … Continue reading

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M.D.Ala.: Govt’s email SW in identity theft scheme is overbroad; applications need to be limited and resubmitted

The government’s email search applications are overbroad and don’t sufficiently protect the privacy rights of the account holders. The government, however, can limit the applications and submit them again. In the Matter of the Search of Information Associated with Fifteen … Continue reading

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D.Kan.: Email and computer SWs were necessarily broad, but not unreasonably broad

“These were not warrants to search for ‘any and all information’ or ‘all computer information’ in defendant’s house. See Christie, 717 F.3d at 1165. Rather, the attachments effectively limited the scope of the searches to material relevant to specific federal … Continue reading

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S.D.N.Y.: Govt couldn’t use “all records exception” because of lack of PC support

Securities fraud warrant was way overbroad and can’t be saved by the “all records exception” to search defendant’s business and apartment and seize even personal records. The search was so intrusive it violated the Fourth Amendment because there wasn’t sufficient … Continue reading

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