Category Archives: Scope of search

N.D.Iowa: Protective sweep during SW execution not confined by the warrant, if otherwise justified

While the question is close here, the protective sweep of defendant’s house during a search warrant was reasonable on the totality. Essentially, the search warrant doesn’t define the scope of a justified protective sweep. “[T]he Fourth Amendment permits law enforcement … Continue reading

Posted in Ineffective assistance, Inevitable discovery, Protective sweep, Scope of search, Warrant execution | Comments Off on N.D.Iowa: Protective sweep during SW execution not confined by the warrant, if otherwise justified

D.Nev.: In fraud case document search, documents on where the money could have gone are seizable

Defendant’s motion for new trial in her fraud case is denied. One claim is defense counsel’s failure to move to suppress a ring binder of information that came in at trial to help prove fraud. It was properly seized under … Continue reading

Posted in Overseizure, Scope of search | Comments Off on D.Nev.: In fraud case document search, documents on where the money could have gone are seizable

CO: PC a gun was in car permits search of trunk

Defendant was a suspect in a shooting incident. He was found outside a car. There was probable cause to believe the gun was inside the passenger compartment or trunk, even though the windows were down and the trunk closed when … Continue reading

Posted in Ineffective assistance, Probable cause, Reasonable expectation of privacy, Scope of search | Comments Off on CO: PC a gun was in car permits search of trunk

MN: SW for tax records was reasonable even when the state already has them

This search warrant for defendant’s tax records was valid despite the defense claim the government already had his tax records. State v. Auleciems, 2025 Minn. App. Unpub. LEXIS 212 (Apr. 7, 2025). [Logically, if they can show probable cause there’s … Continue reading

Posted in Immigration arrests, Scope of search | Comments Off on MN: SW for tax records was reasonable even when the state already has them

ALCU: Open Letter to Federal Magistrate Judges Within the Ninth Circuit on [8 U.S.C. §] 1324 Warrants

ALCU: Open Letter to Federal Magistrate Judges Within the Ninth Circuit on [8 U.S.C. §] 1324 Warrants (April 8, 2025):

Posted in Immigration arrests, Scope of search | Comments Off on ALCU: Open Letter to Federal Magistrate Judges Within the Ninth Circuit on [8 U.S.C. §] 1324 Warrants

ME: Search for ammunition permits a search in small spaces

A search for ammunition permits a search in small spaces. State v. Thomas, 2025 ME 34 (Apr. 1, 2025). “The trial court erred when it mistakenly applied the Texas Rules of Evidence during the motion to suppress hearing by sustaining … Continue reading

Posted in Scope of search, Seizure, Waiver | Comments Off on ME: Search for ammunition permits a search in small spaces

CO: Quantity of documents sought in SW doesn’t make it overbroad

This documents warrant was particular. While it sought a lot of information, that alone didn’t make it overbroad. It was also limited in time to six months of information. People v. Rodriguez-Ortiz, 2025 COA 30 (Mar. 20, 2025):

Posted in Overbreadth, Scope of search | Comments Off on CO: Quantity of documents sought in SW doesn’t make it overbroad

CA9: No QI for nearly destroying a house in a search for a person to arrest

Summary judgment and qualified immunity were properly denied where officers searching for someone other than the plaintiff in plaintiff’s house [apparently] gratuitously nearly destroyed it, breaking all windows, toilets, leaving water running in the house, appliances, furniture, and a car … Continue reading

Posted in Arrest or entry on arrest, Excessive force, Scope of search, Warrant execution | Comments Off on CA9: No QI for nearly destroying a house in a search for a person to arrest

CA9: State officers can consider federal crimes in assessing PC

The district court erred three ways in this case: The potential of a federal crime could be considered by the officer in determining probable cause. There was reasonable suspicion to prolong the stop. The automobile exception applied. United States v. … Continue reading

Posted in Probable cause, Reasonable suspicion, Scope of search, Standing | Comments Off on CA9: State officers can consider federal crimes in assessing PC

VA: Driver can’t consent to search of passenger’s purse

Driver’s consent to search did not extend to a woman’s purse that obviously wasn’t his. Myers v. Commonwealth, 2025 Va. App. LEXIS 138 (Mar. 4, 2025). On the totality of the circumstances, including a suspected drug transaction, the vehicle’s evasive … Continue reading

Posted in Consent, Particularity, Reasonable suspicion, Scope of search | Comments Off on VA: Driver can’t consent to search of passenger’s purse

E.D.Va.: Fact def was armed when SW for firearms was executed didn’t preclude further search for firearms

The affidavit for search warrant was particular for firearms based on threatening social media posts. When the search occurred, defendant was armed, but there was probable cause there could be other firearms on the premises. United States v. Rui Jiang, … Continue reading

Posted in Ineffective assistance, Plain view, feel, smell, Probable cause, Scope of search | Comments Off on E.D.Va.: Fact def was armed when SW for firearms was executed didn’t preclude further search for firearms

DE: Probation searches of individuals include their residence

The statute on individuals subject to probation searches includes their residences. State v. Crooks, 2024 Del. Super. LEXIS 830 (Dec. 31, 2024). There were exigent circumstances based on the reported gunshot, potential threat to officers and public safety, and the … Continue reading

Posted in Consent, Probation / Parole search, Scope of search | Comments Off on DE: Probation searches of individuals include their residence

D.Minn.: Photographs could be taken during execution of SW

Photographs could be taken during execution of a search warrant. United States v. Schultz, 2024 U.S. Dist. LEXIS 236848 (D. Minn. Dec. 2, 2024), adopted, 2025 U.S. Dist. LEXIS 4918 (D. Minn. Jan. 10, 2025). In a case involving whether … Continue reading

Posted in Admissibility of evidence, Reasonable suspicion, Scope of search, Seizure | Comments Off on D.Minn.: Photographs could be taken during execution of SW

NY Monroe Co.: The constitution doesn’t apply to citizen’s arrest

In a citizen’s arrest, if the citizen, not a law enforcement officer, violates the constitution or statute, the arrest will not be suppressed for that reason alone. His statement to an officer captured on video will not be suppressed because … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, Private search, Scope of search | Comments Off on NY Monroe Co.: The constitution doesn’t apply to citizen’s arrest

OH3: Going right into pockets was an invalid frisk

The state failed to prove the necessity for a stop and frisk because the video shows the officer going right into defendant’s pockets and not frisking. State v. Barnes, 2024-Ohio-5865, 2024 Ohio App. LEXIS 4519 (3d Dist. Dec. 16, 2024). … Continue reading

Posted in Informant hearsay, Reasonable suspicion, Rule 41(g) / Return of property, Scope of search, Stop and frisk | Comments Off on OH3: Going right into pockets was an invalid frisk

SD: PC for drugs as to driver extends to passenger’s purse

Once there was probable cause to search a vehicle because of what was on the driver, there was also probable cause to search the purse of his passenger. State v. Edwards, 2024 S.D. 62, 2024 S.D. LEXIS 136 (Oct. 16, … Continue reading

Posted in Automobile exception, Informant hearsay, Reasonable suspicion, Scope of search | Comments Off on SD: PC for drugs as to driver extends to passenger’s purse

NC: Defendant abandoned this real property

Defendant abandoned this real property. State v. Moore, 2024 N.C. App. LEXIS 806 (Oct. 15, 2024). Failure to renew a motion to suppress when the evidence is offered is waiver in this state. State v. Rowdy, 2024 N.C. App. LEXIS … Continue reading

Posted in Abandonment, Drug or alcohol testing, Emergency / exigency, Particularity, Scope of search | Comments Off on NC: Defendant abandoned this real property

S.D.Ohio: SW for def’s address produced documents related to another address of his which were lawfully seized

“[T]he Court agrees with Moore that papers listing the 3151 Gobel address that were taken from the 3100 Vienna Woods address fall outside the scope of the search warrant’s plain language. … But that does not end the inquiry as … Continue reading

Posted in Plain view, feel, smell, Probable cause, Qualified immunity, Scope of search | Comments Off on S.D.Ohio: SW for def’s address produced documents related to another address of his which were lawfully seized

CA1: Church rectory was objectively a single family dwelling; it had common living areas

It was reasonable for officers seeking a search warrant for a church rectory for child pornography to consider it a single-family dwelling. All the objective information was that it was single family residence. It turned out to be a residence … Continue reading

Posted in Particularity, Scope of search | Comments Off on CA1: Church rectory was objectively a single family dwelling; it had common living areas

FL4: REP in Facebook private messages

(1) Florida’s 4th DCA finds a reasonable expectation of privacy in Facebook private messages as analogous to cell phone text messages. (2) When the records were seized under a warrant for a theft, they couldn’t be searched for evidence of … Continue reading

Posted in Cell phones, Scope of search, Social media warrants | Comments Off on FL4: REP in Facebook private messages