Category Archives: Overbreadth

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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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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