Category Archives: Overbreadth

DE: SW for cell phone’s movements didn’t authorize complete search of the phone’s contents

The probable cause for the search warrant of defendant’s cell phone was only for specific location information. “However, the search warrant authorizes a search and seizure of information broader than GPS location information. Specifically, the search warrant allows the State … Continue reading

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D.Ore.: Seizing house title records from house officers already had copies of wasn’t overbroad; it shows control

The search warrant was not overbroad because officers seized title records on the property that they already apparently had copies of. It shows control. United States v. Cramer, 2019 U.S. Dist. LEXIS 34959 (D. Ore. Mar. 5, 2019). There is … Continue reading

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D.D.C.: Two story building with barbershop on first floor and residence above appeared to officers as one structure for SW purposes

The building searched was two stories. Defendants argued that the first floor was a barbershop and the second floor was a “warren of rooms” which were residential in character. Thus, two search warrants were required. The court disagrees because the … Continue reading

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ME: SW for all computers in house in a CP case wasn’t overbroad; digital images are easily moved and secreted

In a search warrant for child pornography, a request for all computers and electronic media on the premises wasn’t unreasonable, considering the ease with which digital images can be moved from one device to another and hidden. State v. Roy, … Continue reading

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S.D.Fla.: Pen register requests that includes subscriber changes overbroad

The pen register request under § 3124(b) is overbroad for the service provider to tell the government about changes in the account. In re Application of the United States, 2018 U.S. Dist. LEXIS 209036 (S.D. Fla. Nov. 29, 2018):

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N.D.W.Va.: SW for computer hard drive for evidence of murder or plans was necessarily broad and not unreasonable

Defendant was being held on a murder charge, and he made a jail call to his parents to have his computer hard drive wiped clean. Hearing that, police obtained a search warrant for the computer believing that it might have … Continue reading

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D.Kan.: All SW needed to prove was that def had a Facebook account, but the police sought the entire contents of the account; suppressed as overbroad

Defendant doesn’t lose standing to contest a Facebook warrant because he’s a sex offender and the Facebook terms of service state that sex offenders can’t have accounts. He had an account, and he had standing. While this court has found … Continue reading

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D.Minn.: Affidavit at scene of execution of SW helps narrow its overbreadth

“Given the scope and pervasiveness of the fraud alleged, the search warrant issued for Ms. Natysin’s home was not overly broad.” “This finding is supported in part by the fact the affidavit accompanied the warrant to the search and was … Continue reading

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NY1: Even if the SW was overbroad, the remainder seized all supports the conviction

“Even assuming that the warrant’s authorization for the seizure and search of cell phones and other electronic devices was somewhat overbroad, the balance of the warrant, pursuant to which evidence implicating defendant in two of the charged robberies was recovered, … Continue reading

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S.D.N.Y.: “Particularity is not to be confused with breadth — they are ‘related but distinct concepts.’”

A broad Facebook warrant for electronically stored information was not unconstitutionally overbroad. “Particularity is not to be confused with breadth — they are ‘related but distinct concepts.’” A Facebook warrant can be issued in New York and served on Facebook’s … Continue reading

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CA6: Potential overbreadth issue is severed from SW and it’s still sufficient

The search warrant could have been way more clear that it was seeking child pornography. It did say that it was looking for evidence of coercion and enticement of a minor and transfer of obscene materials. Taken as a whole, … Continue reading

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WA: Even if CP warrant was overbroad (it’s not), severability makes seizure valid

One month old information received from Microsoft to NCMEC was not stale. (That is settled everywhere.) The search warrant was not too vague, and, even it if was, the court’s ability to sever invalid parts makes this search valid. State … Continue reading

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CA5: SW was not for all business records, just types of employment records and it was particular enough

Defendant was convicted of encouraging illegal aliens to remain in the United States. A search warrant for his business sought types of employment records, and it was not overly broad. “[G]eneric language is permissible if it particularizes the types of … Continue reading

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E.D.Va.: SW for Manafort’s house is upheld

(1) “In sum, the warrant here (i) identified the items to be seized in relation to specific Subject Offenses, (ii) included an illustrative list of records to limit the discretion of executing agents, and (iii) provided a sufficient description of … Continue reading

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OR: Search of browser history limited to the PC, and here it was one day

Police received a call that defendant’s infant son had died at home. In his interview with the police, defendant admitted a computer search about it. The police got a search warrant for his computer search history. The probable cause here … Continue reading

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IN: Cell phones are a tool of the trade of drug dealers; a lot of information extracted from it doesn’t show SW was overbroad

There was nexus between defendant’s alleged crime of drug dealing and his cell phone since cell phones are a tool of drug dealers. The search warrant was not impermissibly overbroad. Although 1000 pages of information was extracted from the phone, … Continue reading

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E.D.N.Y.: Facebook warrants have to be broad; showing the crime under investigation is limit enough

If probable cause is shown, Facebook warrants have to be broad. There must be some attempt to limit by at least the crime under investigation, but the result will likely be production of the entire account. That is not unreasonable … Continue reading

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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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