{"id":3791,"date":"2010-03-24T07:18:52","date_gmt":"2010-01-31T09:02:33","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-01-31T09:02:33","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3791","title":{"rendered":"CA8: Search warrant for “venue evidence” was not shown to be unlawful pretext for drug evidence"},"content":{"rendered":"

Search warrant for a person, and \u201cvenue evidence\u201d [formerly known in the cases as \u201cindicia evidence\u201d] was not unreasonable nor a pretext for a drug search. The officers were permitted to search in small and hidden places for the venue items, and that permitted the officers to look behind a mirror that led to discovery of drugs. United States v. Morrison<\/a>, 594 F.3d 626 (8th Cir. 2010):<\/p>\n

On May 25, 2007, Investigator Dreher completed a search warrant application for 315 East Dodge Street, requesting that the warrant cover both the person of Martinez as well as venue 2 items linking Martinez to the residence. <\/p>\n

2 Investigator Dreher testified that venue evidence is “[a]ny mail that would have [Martinez’s] name on it,” including “mail, papers, [and] receipts.” (Mot. Supp. Hr’g Tr. 13.)<\/p><\/blockquote>\n<\/blockquote>\n

Here, the warrant permitted officers to search for any indicia of Martinez’s connection to 315 East Dodge Street. Venue evidence includes items such as bills, receipts, and letters. See, e.g., United States v. Timley, 443 F.3d 615, 623 (8th Cir. 2006) (“[A] warrant authorizing officers to seize anything related to indicia of occupancy is quite broad.”); United States v. Blakeney, 942 F.2d 1001, 1027 (6th Cir. 1991) (finding that “indicia of occupancy” includes “any document or other object that would tend to provide the true identity of the owners or occupants of the premises”). These types of paper documents can obviously fit into small spaces and containers and, therefore, could be hidden in numerous locations in a residence. See, e.g., Blakeney, 942 F.2d at 1027-28 (finding that a warrant issued for “indicia of occupancy” and other documents and records permitted officers to search inside a suitcase–where they ultimately discovered drug evidence). Because venue evidence could be located in the laundry hamper, garage, cooler, behind a mirror or picture, behind a dresser, and underneath the bed, we find that officers lawfully conducted the search pursuant to the first search warrant when they searched these locations, and that the evidence discovered there was not the fruit of an illegal search.<\/p><\/blockquote>\n

Accord: United States v. Romo-Corrales<\/a>, 592 F.3d 915 (8th Cir. 2010).<\/p>\n","protected":false},"excerpt":{"rendered":"

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