The search warrant for defendant\u2019s cell phone was sufficiently particular when the particularity clause was limited to evidence of a particular crime. United States v. Juarez, 2013 U.S. Dist. LEXIS 11869 (E.D. N.Y. January 28, 2013):<\/p>\n
Thus, George, Bianco, and Rosa teach that a warrant satisfies the particularity requirement when it sufficiently identifies and describes the items to be searched and seized and links that evidence to the specific criminal activity being investigated. When a warrant does so, it “ensures that the search will be carefully tailored to its justifications, and will not take on the character of wide-ranging exploratory searches.” Bianco, 998 F.2d at 1122 (internal quotation marks and citations omitted). As applied to electronic devices, this rule similarly guards against a general search of all of the device’s records, files and data.<\/p>\n
B. Application to this Case<\/p>\n
The warrant here meets the particularity requirement of the Fourth Amendment. It identifies the type of evidence to be seized as “numbers assigned to the below-described electronic device, any numbers, digits, letters and symbols stored in the memory of said device, as well as any digital photographs and video recordings,” so long as that evidence tends “to demonstrate the commission of Unlawful Surveillance in the Second Degree, P.L. \u00a7 250.45(4), in the vicinity of 4th Avenue and 14th Street, New York, New York, and the commission of related crimes, and conspiracy to commit those crimes.” (Ex. B to Weil Decl.) First, the evidence sought was described with particularity; it identifies photographs and video recordings as among the types of evidence sought. Second, it “linked that evidence to the criminal activity supported by probable cause.” Rosa, 626 F.3d at 62. The warrant authorized a search for “evidence tending to demonstrate the commission of Unlawful Surveillance in the Second Degree” and related crimes, all occurring at a specific location in New York City.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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