Two on alleged overbreadth

The Facebook warrant was kind of overbroad but was determined valid as a whole. “So as in Purcell, ‘the structure of the warrant rendered the specification of the suspected offense, while constitutionally indispensable, functionally unnecessary.’ Purcell, 967 F.3d at 183.” United States v. Vogelbacher, 2021 U.S. Dist. LEXIS 48228 (W.D. N.Y. Mar. 15, 2021).

The warrant here was more particular than the one in Groh when read as a whole, and it is sustained. Moreover, the good faith exception applies. United States v. Maccani, 2021 U.S. Dist. LEXIS 48442 (N.D. Iowa Mar. 12, 2021).*

This entry was posted in Overbreadth, Particularity. Bookmark the permalink.

Comments are closed.