The search warrant here authorized seizure of things not remotely related to a completed crime, and they were suppressed and were severable from the whole warrant. Thus, the parts lawfully seized under the rest of the warrant were not suppressed. A state law issue to the conduct of searches is irrelevant under Virginia v. Moore. United States v. Khan, 2013 U.S. Dist. LEXIS 49171 (E.D. Cal. April 3, 2013):<\/p>\n
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After careful consideration and review of the warrant itself, the court concludes the warrant here is severable. As noted above, the warrant on its face directed the searching officers to seize guns, drugs and gang paraphernalia, all of which were specifically described. JEX A at 3, 4. As in Sears, 411 F.3d at 1130, the warrant contains clear descriptions of material that was either illegal on its face or likely to be evidence of criminal activity. As also noted, the warrant additionally commands seizure of documents not related to gang association, clothing belonging to the unidentified victim of an unidentified crime, and evidence of crimes yet unknown. JEX A at 3, 4-5. The inclusion of these broadly worded commands is troubling, but as they are in separate paragraphs of the warrant, they can and should be severed. George, 975 F. 2d at 79 (remanding to the district court to determine whether portions of the warrant could be severed, even though warrant included phrase allowing seizure of unknown crime).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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