WA: Overbroad parts of a SW are severable if a general search did not occur

The search warrant was not unconstitutionally overbroad so as to require suppression. The overbroad parts here were severable. State v. Higgs, 177 Wn. App. 414, 311 P.3d 1266 (2013):

¶26 Even if a search warrant is overbroad or insufficiently particular, “[u]nder the severability doctrine, ‘infirmity of part of a warrant requires the suppression of evidence seized pursuant to that part of the warrant’ but does not require suppression of anything seized pursuant to valid parts of the warrant.” Perrone, 119 Wn.2d at 556 (quoting United States v. Fitzgerald, 724 F.2d 633, 637 (8th Cir.1983)). The doctrine applies when a warrant includes both items that are supported by probable cause and described with particularity and items that are not, as long as a “‘meaningful separation’ can be made on ‘some logical and reasonable basis.’” Maddox, 116 Wn. App. at 806-07 (quoting Perrone, 119 Wn.2d at 560). However, we will not apply the severability doctrine “where to do so would render meaningless the standards of particularity which ensure the avoidance of general searches and the controlled exercise of discretion by the executing officer.” Perrone, 119 Wn.2d at 558.

¶27 In Maddox we held that the severability doctrine applies only when five requirements are met:

First, the warrant must lawfully have authorized entry into the premises. …

Second, the warrant must include one or more particularly described items for which there is probable cause. …

Third, the part of the warrant that includes particularly described items supported by probable cause must be significant when compared to the warrant as a whole. …

Fourth, the searching officers must have found and seized the disputed items while executing the valid part of the warrant (i.e., while searching for items supported by probable cause and described with particularity). …

Fifth, the officers must not have conducted a general search, i.e., a search in which they flagrantly disregarded the warrant’s scope.

116 Wn. App. at 807-08 (internal quotations omitted).