N.D.Ohio: Giving officers some discretion as to what documents to seize does not make SW overbroad

Giving the officers executing a search warrant some minimal judgment as to what to seize does not make it overbroad. Here, it was papers relating to drug trafficking. United States v. Willoughby, 2011 U.S. Dist. LEXIS 139623 (N.D. Ohio November 15, 2011)*:

The categories outlined in the search warrant are no doubt broad, encompassing papers, computers, pictures, personal and business contacts, and other categories of evidence, but “‘[a] generalized seizure of business documents may be justified’ if it is demonstrated that ‘the government could not reasonably segregate … documents on the basis of whether or not they were likely to evidence criminal activity.’” United States v. Banks, 556 F.3d 967, 973 (9th Cir. 2009) (quoting United States v. Kow, 58 F.3d 423 (9th Cir. 1995)). Here, it is not clear how officers could have made the categories any more particular. It appears from Defendant’s brief he wanted something similar to the phrase “in connection with prostitution and/or drug-related activity” to follow each category of evidence. However, such a recitation would be redundant in light of the list of specific crimes to which the search was related appearing on page two of the search warrant. Defendant also states the search warrant description would have allowed officers to collect anything located in his home. But officers executing the warrant are permitted to exercise some minimal judgment as to whether a particular document or item fell within a described category, and therefore, that fact alone does not warrant the relief Defendant seeks. See Blair, 214 F.3d at 697. In short, the search warrant is sufficiently particular and not overly broad.