{"id":9735,"date":"2014-01-11T07:40:01","date_gmt":"2013-11-06T07:37:46","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-11-06T07:37:46","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9735","title":{"rendered":"WA: Overbroad parts of a SW are severable if a general search did not occur"},"content":{"rendered":"<p>The search warrant was not unconstitutionally overbroad so as to require suppression. The overbroad parts here were severable. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/index.cfm?fa=opinions.showOpinion&amp;filename=430975MAJ\">State v. Higgs<\/a>, 177 Wn. App. 414, 311 P.3d 1266 (2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>\u00b626 Even if a search warrant is overbroad or insufficiently particular, \u201c[u]nder the severability doctrine, \u2018infirmity of part of a warrant requires the suppression of evidence seized pursuant to that part of the warrant\u2019 but does not require suppression of anything seized pursuant to valid parts of the warrant.\u201d Perrone, 119 Wn.2d at 556 (quoting United States v. Fitzgerald, 724 F.2d 633, 637 (8th Cir.1983)). The doctrine applies when a warrant includes both items that are supported by probable cause and described with particularity and items that are not, as long as a \u201c\u2018meaningful separation\u2019 can be made on \u2018some logical and reasonable basis.\u2019\u201d Maddox, 116 Wn. App. at 806-07 (quoting Perrone, 119 Wn.2d at 560). However, we will not apply the severability doctrine \u201cwhere to do so would render meaningless the standards of particularity which ensure the avoidance of general searches and the controlled exercise of discretion by the executing officer.\u201d Perrone, 119 Wn.2d at 558.<\/p>\n<p>\u00b627 In Maddox we held that the severability doctrine applies only when five requirements are met:<\/p>\n<blockquote><p>First, the warrant must lawfully have authorized entry into the premises. \u2026<\/p>\n<p>Second, the warrant must include one or more particularly described items for which there is probable cause. \u2026<\/p>\n<p>Third, the part of the warrant that includes particularly described items supported by probable cause  must be significant when compared to the warrant as a whole. \u2026<\/p>\n<p>Fourth, the searching officers must have found and seized the disputed items while executing the valid part of the warrant (i.e., while searching for items supported by probable cause and described with particularity). \u2026<\/p>\n<p>Fifth, the officers must not have conducted a general search, i.e., a search in which they flagrantly disregarded the warrant&#8217;s scope.\n<\/p><\/blockquote>\n<p>116 Wn. App. at 807-08 (internal quotations omitted).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=9735\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-9735","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9735","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9735"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9735\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9735"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9735"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9735"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}