Daily Archives: February 27, 2019

N.D.Tex.: Two defs given standing to challenge seizure of their emails on co-def business’s account

Defendants were charged in a dietary supplement mislabeling conspiracy. On the claim of overseizure, the warrant specified “angeline” but the court concludes anything related to it was seizable as well without violating particularity. Two defendants were given standing to challenge … Continue reading

Posted in Computer searches, Overseizure, Particularity, Standing | Comments Off on N.D.Tex.: Two defs given standing to challenge seizure of their emails on co-def business’s account

D.S.D.: SW affidavit merely referred to but not fully incorporated satisfied GFE on particularity

For the good faith exception to apply, it is only necessary that the affidavit be referred to in the warrant to save the warrant from a failure of particularity; it doesn’t need to be completely incorporated by reference. United States … Continue reading

Posted in Good faith exception, Particularity | Comments Off on D.S.D.: SW affidavit merely referred to but not fully incorporated satisfied GFE on particularity