{"id":34332,"date":"2018-08-19T08:48:11","date_gmt":"2018-08-19T13:48:11","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34332"},"modified":"2018-08-19T08:48:30","modified_gmt":"2018-08-19T13:48:30","slug":"ca5-sw-was-not-for-all-business-records-just-types-of-employment-records-and-it-was-particular-enough","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=34332","title":{"rendered":"CA5: SW was not for all business records, just types of employment records and it was particular enough"},"content":{"rendered":"<p>Defendant was convicted of encouraging illegal aliens to remain in the United States. A search warrant for his business sought types of employment records, and it was not overly broad. \u201c[G]eneric language is permissible if it particularizes the types of items to be seized.\u201d It was all sufficient under the good faith exception. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/pub\/17\/17-40836-CR0.pdf\">United States v. Anderton<\/a>, 2018 U.S. App. LEXIS 22845 (5th Cir. Aug. 16, 2018):<br \/>\n<!--more--><\/p>\n<blockquote><p>Anderton mischaracterizes the breadth of Attachment F. For example, Attachment F does not state that &#8220;all employee records&#8221; may be seized. Instead, it permits the seizure of: &#8220;[e]mployee earning and leave statements, employee payroll records, employee time sheets, H2-B visa employee passport and visa records, I-129 Nonimmigrant Worker petition records, U.S. citizen applicant rejection letters, [and] contractor invoices.&#8221; The descriptions of other types of items, although broad, are sufficiently particularized as to confine the discretion of the officers conducting the search. After all, &#8220;generic language is permissible if it particularizes the types of items to be seized.&#8221; United States v. Kimbrough, 69 F.3d 723, 727 (5th Cir. 1995) (emphasis in original) (citation omitted). United States v. Leon held that &#8220;evidence obtained by officers in objectively reasonable good-faith reliance upon a search warrant is admissible.&#8221; United States v. Satterwhite, 980 F.2d 317, 320 (5th Cir. 1992) (citing Leon, 468 U.S. at 922-23, 104 S. Ct. at 3420). Attachment F was sufficiently particular for the good-faith exception to apply.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was convicted of encouraging illegal aliens to remain in the United States. A search warrant for his business sought types of employment records, and it was not overly broad. \u201c[G]eneric language is permissible if it particularizes the types of &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=34332\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7,65],"tags":[],"class_list":["post-34332","post","type-post","status-publish","format-standard","hentry","category-overbreadth","category-particularity"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34332","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=34332"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34332\/revisions"}],"predecessor-version":[{"id":34334,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34332\/revisions\/34334"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34332"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34332"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34332"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}