{"id":7570,"date":"2012-10-02T14:59:50","date_gmt":"2012-08-12T11:10:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-12T11:10:39","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7570","title":{"rendered":"CADC: Admin search warrant did not authorize seizures, but limited seizure didn’t void the rest of the search"},"content":{"rendered":"

Seizure of a notebook under an administrative search warrant that did not authorize seizure of anything was unreasonable. The officers relying on the direction of others are entitled to qualified immunity, but the ones directing them are not. Partial invalidity of the seizure doesn’t affect legality of the warranted search. Elkins v. D.C.<\/a>, 690 F.3d 554 (D.C. Cir. 2012):<\/p>\n

But Groh cannot mean that every search warrant that fails to describe items to be seized is invalid. The requirements for a warrant vary based on the purpose for which it is sought, Michigan v. Clifford, 464 U.S. 287, 294-95 (1984) (plurality opinion), and the purpose of the search determines the requisite level of particularity, cf. Groh, 540 U.S. at 557 (finding the warrant invalid because it “provided no description of the type of evidence sought”). Not all searches have seizures in mind. For example, the law has long accepted the use of search warrants to conduct “a routine inspection of the physical condition of private property” in order to ensure compliance with building codes, rather than to seize items. See Camara v. Mun. Court of San Francisco, 387 U.S. 523, 530 (1967). It would make no sense to require a warrant to list items to be seized when the sole purpose of the search is to conduct an inspection, without seizing anything.<\/p>\n

The Court followed these principles in Groh, holding the search to seize firearms unlawful because the warrant said nothing about them. See Groh, 540 U.S. at 563 (explaining that the defendant could be held liable for the search because he “did not have in his possession a warrant particularly describing the things he intended to seize” (emphasis added)). Here, the District officials sought only to gain entry to Elkins’s home to see whether unlicensed construction work was being performed. The warrant listed her address and explained that the search was for “unlicensed construction work which is in violation of the Construction Codes.” Defs.’ Mot. to Dismiss Ex. 10. There is no indication that the officials envisioned seizing any documents when they sought the warrant. Instead, as explained in more detail below, the record shows the seizure of documents was a spur-of-the-moment response to the instructions of an MPD officer made during the search. See, e.g., Elkins Decl. \u00b6 24; Noble Dep. 39:7-41:9, 101:15-104:16, June 10, 2008. Given this context, the warrant’s language was sufficiently particular. An administrative search warrant need not describe things to be seized when none are meant to be seized. Of course, any seizures made during the search that do not fall within an exception to the warrant requirement are unconstitutional. But such missteps do not render the entire search illegal.<\/p><\/blockquote>\n

This is an interesting case on qualified immunity, too.<\/p>\n","protected":false},"excerpt":{"rendered":"

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