Category Archives: Overbreadth

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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NY Co.: Overbreadth in email warrant doesn’t require suppression of all emails; third party doctrine should be revamped for the electronic era

The New York eavesdropping statute only applies to communications in transit, not to emails. Despite the overbreadth of the email warrant, the court won’t suppress all the emails. Those that are suppressed have to be returned. The court argues for … Continue reading

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N.D.Ga.: A common sense reading of the SW shows it was not overbroad

“‘Whether evidence is within a search warrant’s scope requires not a ‘hypertechnical’ analysis, but a “common-sense, and realistic” one.’ United States v. Okorie, 425 Fed. Appx. 166, 169 n.1 (3d Cir. Apr. 26, 2011) (quoting United States v. Srivastava, 540 … Continue reading

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E.D.Mich.: “All record” warrant for patient records had a sufficient showing, and it was not overbroad

An “all record” warrant for patient records had a sufficient showing, and it was not overbroad. “The Government is not required to have evidence relating to each and every patient in order to justify the seizure of all patient files.” … Continue reading

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FL5: SW in burglary had no nexus, was fatally overbroad, and no GFE

The affidavit for the search warrant in this case completely lacked probable cause by showing a nexus to defendant, 12 other burglaries, and the place to be searched. Moreover, the list of things to be seized was completely without particularity … Continue reading

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W.D.Wash.: The govt didn’t violate the 4A by hacking into a child porn server and running it for two weeks, forwarding all user info to another govt computer

The government took over a child pornography website in Washington state and ran it for two weeks via a Title III warrant from a USMJ in the Eastern District of Virginia. They sent all information of visitors to that website … Continue reading

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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

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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

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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

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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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