Category Archives: Overbreadth

OR: State didn’t show PC to seize all cell phones, cameras, and computers def might have to get one audio recording on his cell phone

There was an alleged domestic assault at defendant’s home. There was reason to believe the home security system and his cell phone would have evidence of it in an audio recording. He could also access the security system with his … Continue reading

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D.N.M.: CA10 recognizes blanket suppression for a “general search,” but this doesn’t measure up; “excessive photographing” not violation of 4A

Defendant doesn’t adequately explain why complete suppression is required for the search being allegedly excessive. It is a remedy under United States v. Medlin, 842 F.2d 1194 (10th Cir. 1988), when the officers’ search is overly excessive, but this just … Continue reading

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OR: Def didn’t abandon backpack by not affirmatively claiming ownership of it during vehicle search by consent

The officer had reasonable suspicion something was up and the driver of a van already stopped consented to a search of the van, but that did not include a backpack that didn’t belong to him. Defendant did not abandon the … Continue reading

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OR: Search of computer’s browser history limited to the PC; here, 15 minutes, not two months; a computer is more of a “place to be searched” rather than a “thing to be seized”

Defendant was convicted of murder by child abuse. The only relation of a computer was his admission that he used a computer to search for symptoms when the child was sick 15 minutes before his 911 call. When the computer … Continue reading

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ME: CSLI info properly seized by warrant on PC, rest of cell information suppressed because warrant was severable

The state obtained a search warrant for defendant’s CSLI and practically everything else it could get from the cell provider in an effort to link him and another to a structure arson. The trial court suppressed it all. On appeal, … Continue reading

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S.D.Tex.: Seizure of cell phone incident to arrest was valid

“Here, the seizure of Fulton’s cell phone during his arrest fell squarely within the exception articulated in Chimel and Robinson as a seizure incident to arrest.” United States v. Fulton, 2016 U.S. Dist. LEXIS 83014 (S.D.Tex. June 23, 2016). The … Continue reading

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D.Md.: Fact the SW sought drugs necessarily permits a detailed search of small places; doesn’t make it a general warrant

The fact the search warrant sought drugs necessarily permits a detailed search of small places, but that doesn’t make it a general warrant. The good faith exception applies, too. United States v. Minnick, 2016 U.S. Dist. LEXIS 80897 (D.Md. June … Continue reading

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W.D.N.Y.: Accidental inclusion of another address in SW papers wasn’t prejudicial where the correct address was prominent

A typo in the address from including an address from a prior warrant at the end but where the correct address was at the time was hardly prejudicial. If the latter address had been searched, that would be really important, … Continue reading

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CA10: GFE applies throughout: arguable PC overcomes allegation of lack of neutral detached magistrate, overbreadth, and even staleness

“This case calls for us to apply Leon where the judge who issued the search warrant was arguably not neutral and detached. Although we are unaware of any court applying the good faith exception in such circumstances, it is apparent … Continue reading

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N.D.Cal.: It’s generally not good to include “all” before the documents to be seized in a SW; PC must be shown for what “all” modifies in SW, and here it was

It’s generally not good to include “all” before the documents to be seized in a search warrant, but it is valid if it can be shown to relate back to something for which there is a showing of probable cause. … Continue reading

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D.Kan.: USMJ scholarly opinion on history of email SWs; “Needless to say, a person’s email account may reveal their ‘privacies of life.’”

The government’s email account search warrant request is overbroad as to what is being seized. The court analogizes Riley and notes that email accounts can provide a detailed picture of a person’s life the same as a cell phone search. … Continue reading

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D.Mass.: Seizing flash drives outside of the warrant requires suppression

Seizing flash drives which were outside of the warrant requires their suppression. Failure to include the attachment in a warrant left on the premises is only a rule violation, not a constitutional one. United States v. Rojas-Camilo, 2016 U.S. Dist. … Continue reading

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