Category Archives: General warrant

DE: “Any and all data” on a cell phone was a general warrant

A cell phone search warrant for any and all data without restriction was not particular and amounted to a general warrant. The use of the product of the search was not harmless beyond a reasonable doubt. Taylor v. State, No. … Continue reading

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OR: SW for evidence of murder on cell phone was general search as to its pictures

The search warrant for defendant’s cell phone permitted officers to search for location information, texts, and calls around the time of the murder. It also permitted a search for evidence of attempted murder. Officers found a picture of a gun … Continue reading

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W.D.Tex.: “Laundry list” argument of a lack of particularity rejected

The officer affiant corroborated the CI’s information and there was substantial evidence of probable cause. The affidavit was not bare bones. Even if the affidavit lacked probable cause, the good faith exception applies. Defendant’s “laundry list” argument of a lack … Continue reading

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CO: SW for everything on cell phone was general warrant in violation of 4A

The search warrant for defendant’s cell phone had a particular list of files sought, but it still was effectively a general warrant in violation of the Fourth Amendment because it sought virtually everything on the cell phone without regard to … Continue reading

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NY2: Business records search was not particular except as to time and was a general warrant

The AG’s office obtained a search warrant for defendant’s business for allegations of mortgage fraud. Several computers, hard drives, and many records were seized. After denial of suppression, defendant entered a conditional plea. The search warrant was a “general warrant” … Continue reading

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CA7: Cell phone SW that permitted viewing all files of phone was not too “general”

A search warrant for the entire contents of a cell phone was particular and not a general warrant considering that the warrant sought evidence of “criminal recklessness with a deadly weapon” or related to drug dealing. United States v. Bishop, … Continue reading

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IL: SW in murder investigation was general and sought drug evidence without showing PC for it

The search warrant in a murder investigation didn’t incorporate the affidavit in support, and it wasn’t present for the search, so this warrant was too general to support a search. The search warrant was shown to be for a drug … Continue reading

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S.D.Miss.: Courts condone broader warrants when CP is being sought

Where the computer child pornography warrant required the electronic media be searched in 14 days and it was searched in two days there was no prejudice. The warrant was not general. The tendency in the cases is to permit broader … Continue reading

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ABAJ: North Carolina police issue broad warrants for data from Google users near crime scenes

ABAJ: North Carolina police issue broad warrants for data from Google users near crime scenes by Jason Tashea:

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CA6: Seizure under SW was valid despite a catchall phrase because it was severable; suppression of phone search reversed

Defendants were suspected of committing a series of home invasion robberies, and they were charged with racketeering. The district court suppressed the searches of their phones for the use of language too general. The government concedes there was an overbroad … Continue reading

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NYLJ: Computer Searches: A ‘General’ Warrant Can No Longer Satisfy Requirements

NYLJ: Computer Searches: A ‘General’ Warrant Can No Longer Satisfy Requirements by Roger L. Stavis (May 19, 2017):

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S.D.N.Y.: Overseizure during SW wasn’t so bad this was a general search

In a forfeiture case of a building worth about $1B, the good faith exception applies to a prior search where there was an overseizure. This overseizure wasn’t enough to make the search a general search. In re 650 Fifth Ave. … Continue reading

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