Category Archives: Overbreadth

W.D.Okla.: Facebook warrant for all content not overbroad; didn’t have to limit to communications and messages

The search warrant for defendant’s Facebook was not overbroad, and it didn’t have to be limited to communications and messages. It could be for the entirety of the account for the relevant period. United States v. Varnell, 2018 U.S. Dist. … Continue reading

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W.D.Ky.: SW particularity and the scope of search that occurred are separate “arguments [that] must not be confused”

The search warrant was particular, and the search was not overbroad, confined within the scope of the warrant. They are separate “arguments [that] must not be confused.” United States v. Aley, 2018 U.S. Dist. LEXIS 59527 (W.D. Ky. Apr. 9, … Continue reading

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The Hill: Manafort challenges evidence seized by Mueller (with link to motion and warrant affidavit)

The Hill: Manafort challenges evidence seized by Mueller by Jacqueline Thomsen (link to motion, affidavit, and warrant):

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E.D.Va.: CP SW for images “created, modified or stored in any form,” including electronically included a cell phone

A child pornography search warrant for images “created, modified or stored in any form,” including electronically included a cell phone. As to defendant’s Franks challenge, his complaint about hearsay completely fails because whatever the police had, they obtained another person’s … Continue reading

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S.D.Ga.: Seizure of all emails since inception of account shown justified

A warrant seeking emails from the opening of the account was justified by the nature of the probable cause alleged and the time period at issue. Also, even if the officer went too far, the good faith exception would have … Continue reading

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NY3: Building didn’t appear to be two units; SW for def’s dwelling, he answered door, and then they saw

The search warrant’s describing the dwelling as a single family dwelling when it was really two and defendant lived on the second floor didn’t make it overbroad. It did not appear to be a multi-unit dwelling and defendant answered the … Continue reading

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CA6: Seizure under SW was valid despite a catchall phrase because it was severable; suppression of phone search reversed

Defendants were suspected of committing a series of home invasion robberies, and they were charged with racketeering. The district court suppressed the searches of their phones for the use of language too general. The government concedes there was an overbroad … Continue reading

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NYLJ: Judge Urges Action to Curb ‘Overbroad’ Digital Search Warrants

NYLJ: Judge Urges Action to Curb ‘Overbroad’ Digital Search Warrants by Andrew Denney: Overbroad search warrants for digital evidence are “all too common” in New York, are often green-lighted by busy judges who are focused on processing motions and are … Continue reading

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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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