D.V.I.: Business records warrant for voluminous records was not overbroad

The search warrant here for voluminous records was not overbroad. United States v. Jackson, 2009 U.S. Dist. LEXIS 93468 (D. V.I. October 2, 2009)*:

Jackson argues that the warrant in this case lacked particularity and was constitutionally overbroad because it authorized seizure of a wide array of personal documents and records. See Def.’s Mem. in Supp. of Mot. to Suppress at 4-6. The warrant authorizes seizure of specific categories of documents including “bank records, monthly statements of account checks, deposit slips, wire transfer applications, savings passbooks, certificates of deposit, monetary instruments, or other documents and instrumentalities relating to the obtaining, movement, or securing of money.” Additionally, the warrant authorizes seizure of “equipment used in the cultivation of marijuana,” “books, magazines, papers, notes and contact information related to the cultivation of marijuana;” “identification documents,” “records relating to foreign and domestic travel, “records of asset acquisitions” and “other items constituting proceeds of criminal activity.” Defendant claims that “the warrant failed to restrict government agents in any meaningful way, converting the warrant into the type of general warrant prohibited by the Fourth Amendment.” Id. at 5-6.

The breadth of items to be searched and seized depends upon the particular factual context of each case and also the information available to the investigating agent that could limit the search at the time the warrant application is given to the magistrate. See Yusuf, 461 F.3d at 396. In United States v. American Investors of Pittsburgh, 879 F.2d 1087 (3d Cir. 1989), the government sought twenty-three categories of documents as evidence of money laundering and the defendants argued that the search was unconstitutionally overbroad. The Third Circuit Court of Appeals disagreed, noting that a broad range of documents were required to be searched to “sort[] out the details of th[e] sophisticated scheme.” Id. at 1106. The court explained that “[t]he fact that the warrant authorized a search for a large amount of documents and records does not necessarily render the search invalid so long as there exists a sufficient nexus between the evidence to be seized and the alleged offenses.” Id. at 1105-06; see Yusuf, 461 F.3d at 393; see also United States v. Kepner, 843 F.2d 755 (3d Cir. 1988) (holding that search warrant seeking “documents, records, and personal effects” of defendants was sufficiently particular and was not impermissibly overbroad).

After reviewing the application in the present case, the Court concludes that the warrant did not violate the particularity principle, as the warrant was limited in that it specified that agents were searching for evidence of a specifically enumerated federal crime and the evidence sought related to drug trafficking activities. The warrant in this case clearly describes the automobiles as well as the specific locations of the houses to be searched. The warrant authorizes the seizure of only those items which tend to show Jackson’s involvement in the criminal activity being investigated.