Defendant had child porn on a server, and it was downloaded by the FBI. This is not a search. “We further reject Genao’s argument that the evidence seized from his home and computer should have been suppressed. With regard to the downloading of files from Genao’s servers by the undercover agent, this did not constitute a warrantless search and seizure because Genao made these files available to the public.” United States v. Genao, 2007 U.S. App. LEXIS 6276 (2d Cir. March 16, 2007)* (unpublished).<\/p>\n
Officer’s belief that defendant’s live-in girlfriend had apparent authority was based on the officer’s prior experience with them from a domestic disturbance call and her actions when she consented to the entry. “In sum, we conclude that a reasonable officer in the position of Officer McGee would have believed that Hays shared joint access to the home with Crabb, and thus possessed the authority to consent to the agents’ entry into and search of the house.” United States v. Crabb, 221 Fed. Appx. 722 (10th Cir. 2007)* (unpublished).<\/p>\n
Execution of warrant did not unreasonably exceed the terms of the warrant to subject the officers executing it to civil liability. Gagliardi v. Fisher, 513 F. Supp. 2d 457 (W.D. Pa. 2007)*:<\/p>\n
It cannot be said that the scope of the search at issue in this case, as defined in the warrant, exceeded reasonable bounds with respect to the objective of locating evidence related to the preparation or origin of a letter that was believed to have been forged. Id.<\/em> at 84-85 (“Just as probable cause to believe that a stolen lawnmower may be found in a garage will not support a warrant to search an upstairs bedroom, probable cause to believe that undocumented aliens are being transported in a van will not justify a warrantless search of a suitcase.” (quoting Ross<\/em>, 456 U.S. at 824)). So long as there exists “a nexus between the evidence to be seized and the alleged offenses,” a warrant is not invalid merely because it authorizes a search for a large amount of documents and records. United States v. Yusuf,<\/em> 461 F.3d 374, 394 (3d Cir. 2006) (quoting United States v. American Investors of Pitts., <\/em>879 F.2d 1087, 1105-06 (3d Cir. 1989). “The breadth of items to be searched depends upon the particular factual context of each case” and the “information available to the investigating agent that could limit the search at the time the warrant application is given to the magistrate.” Id.<\/em> at 395. Plaintiff’s complaint, which includes extensive allegations of facts, even accepting those facts as true and drawing all reasonable inferences from those facts in favor of plaintiff, does not state a claim entitling plaintiff to relief under any viable legal theory relating to the scope of the search. Accordingly, the court must dismiss count 11 of the complaint, insofar as it alleges a violation of the Fourth Amendment, with prejudice.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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