Category Archives: Overbreadth

D.Conn.: While def should have presented affidavit of standing, the SW inventory supports his standing

In a corporate office search, defendant should have presented an affidavit to show his standing in the office space. Despite that, however, the government’s search inventory strongly supports his standing because it shows documents taken from what was described as … Continue reading

Posted in Burden of proof, Computer searches, Franks doctrine, Overbreadth, Rule 41(g) / Return of property, Standing | Comments Off

WA: Child porn SW permitted search and seizure of adult porn, and that made it overbroad; merely citing the CP statute doesn’t narrow it

Where a child pornography search warrant also permitted seizure of adult pornography which is not unlawful, it was overbroad under established precedent for 23 years. Merely citing the child pornography in the search warrant wasn’t a cure. State v. Besola, … Continue reading

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CA6: SW for person by alias and description was valid when he was under surveillance from issuance to execution

Warrants are usually directed at places and things not people, but here was a search warrant directed at defendant by his known alias and description. From the time it was issued until it was executed, defendant was under surveillance. It … Continue reading

Posted in Overbreadth, Particularity | Comments Off

CO: Cell phone SW for indicia of ownership did not permit search of every folder in the phone

A cell phone search warrant for indicia of ownership did not permit search of every folder in the phone; that would be a general warrant. People v. Herrera, 2015 CO 60, 2015 Colo. LEXIS 1011 (Oct. 26, 2015). Syllabus by … Continue reading

Posted in Cell phones, Overbreadth | Comments Off

S.D.W.Va.: Heroin and other drug warrant was not overbroad despite boilerplate language

A search warrant for heroin that was otherwise boilerplate as to other controlled substances and all the things that officers always want to look for in drug cases was not overbroad. And good faith still applies. United States v. McCarrall, … Continue reading

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CA11: Overbreadth challenge fails for computers on wireless at a fire station

Defendant was a fireman who was suspected of actively downloading child pornography via a P2P connection at work. Certain representations in the affidavit about the investigators trying to pickup the wireless signal outside the station and who was on duty … Continue reading

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CA10: Even if SW was overbroad, it was approved by DA before issuing magistrate got it, and they could reasonably rely on it

Even if a search warrant was overbroad in describing items to be seized with the requisite particularity, police officers were improperly denied qualified immunity since the warrant was approved by a district attorney and issued by a detached and neutral … Continue reading

Posted in § 1983 / Bivens, Overbreadth, Qualified immunity | Comments Off

CA6: “In this respect, we must be mindful of the particular exigencies presented to the officers, who must make decisions to safeguard their own and the public’s safety under the fog of rapidly developing situations and without the luxury of complete information.”

Individually, none of the factors of reasonable suspicion was enough, but collectively they were. “In this respect, we must be mindful of the particular exigencies presented to the officers, who must make decisions to safeguard their own and the public’s … Continue reading

Posted in Overbreadth, Particularity, Reasonable suspicion | Comments Off

N.D.Ga.: Govt’s email search protocol satisfied particularity despite large initial seizure

The government’s protocol for searching defendant’s emails satisfied the particularity requirement. All the emails were produced, but the government searched within them only for emails relating to copyright infringement, the crime under investigation. Other cases are in accord. United States … Continue reading

Posted in E-mail, Overbreadth, Particularity | Comments Off

DE: Search warrant for some things and “other items that may be stolen” wasn’t overbroad where officers used a list

A Franks challenge in Delaware requires an affidavit from the defendant, and there isn’t one. The Franks claim is, at best, only a conclusory statement that the officer had an ends-justifies-the-means mentality, but, as a whole, probable cause is shown. … Continue reading

Posted in Overbreadth, Reasonable suspicion | Comments Off

WaPo: New article: “Executing Warrants for Digital Evidence: The Case for Use Restrictions on Nonresponsive Data”

WaPo: New article: “Executing Warrants for Digital Evidence: The Case for Use Restrictions on Nonresponsive Data” by Orin Kerr: I recently posted a new draft article, “Executing Warrants for Digital Evidence: The Case for Use Restrictions on Nonresponsive Data.” The … Continue reading

Posted in Computer searches, Overbreadth, Particularity | Comments Off

E.D.Mich.: In a doctor patient records search, details of ten overprescriptions supported warrant for 343 more patient records

Officers had a search warrant for 353 patient files of a doctor accused of overprescribing. The affidavit detailed 10 but included a list of 343 that it alleged followed the same pattern. The search warrant was not overbroad as to … Continue reading

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