Category Archives: Particularity

CA6: Impeaching def’s trial testimony about the search of his property using his proffer agreement was prejudicial, but harmless

Impeaching defendant’s trial testimony about the search of his property using his proffer agreement was prejudicial, but it was harmless on this record. They could have cross-examined without it. United States v. Grogan, 2025 U.S. App. LEXIS 2354 (6th Cir. … Continue reading

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GA: SW for blood BAC doesn’t also allow search for drugs

A search warrant for blood BAC doesn’t also allow search for drugs. State v. Johnson, 2025 Ga. App. LEXIS 18 (Jan. 28, 2025). Defendant was on supervised release and the search of his cell phone producing child pornography was reasonable. … Continue reading

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E.D.Mich.: Civil Franks violation was “well established” and QI denied

Plaintiff was arrested for child sexual abuse. The child recanted, and the prosecutor involved was disbarred for misconduct in this case. Plaintiff’s claim for a Franks violation was well established by 1978, and qualified immunity denied. MacMaster v. Busacca, 2025 … Continue reading

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CA3: Conviction for threats by internet justified supervised release condition of computer monitoring

Where defendant was convicted of making threats over the internet to a Congressman, a two year computer monitoring condition was reasonable and did not violate the First and Fourth Amendment. United States v. Hall, 2025 U.S. App. LEXIS 1109 (3d … Continue reading

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CA5: Where place to be searched appeared to be one residence, not two, SW valid

The search warrant was for 8977 Deer Trail Run, but it turned out to be two properties. “From all outward appearances there was only one property, not two. The officers acted in objectively reasonable good faith in relying on the … Continue reading

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MA: SW for “controlled substances” without specifying anything in particular was overbroad

Search warrant for “controlled substances” without specifying anything in particular, including what the controlled buy allegedly was, was overbroad. In addition, the warrant wasn’t present at the search, so it can’t help limit the search [which seems kind of a … Continue reading

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CA11: Body slam of slighter built resisting arrestee was reasonable force

The officer’s body slam of a resisting minor suspect about half his weight was entitled to qualified immunity. “But even if the facts of our case did fit Richmond, the statement that ‘less force is appropriate’ would not put every … Continue reading

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D.S.D.: SW for 11 years of iCloud lacked all particularity and GFE didn’t save it

The warrant here authorized search of defendant’s iCloud account for 11 years worth of information despite the probable cause being limited to one event in 2022. The warrant was based on a template that authorized search of the entire account, … Continue reading

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OR: SW not particular for wholesale digital searches

The electronic search categories any digital storage devices in this search warrant are not particular under the state constitution. Remanded for determination of remedy. State v. Curry, 336 Or. App. 72 (Nov. 6, 2024):

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E.D.Pa.: Remedy for illegal search is to move to suppress, not to dismiss the case

A ground to suppress a search belongs in a motion to suppress, not to dismiss the indictment. United States v. Bailey, 2024 U.S. Dist. LEXIS 198707 (E.D. Pa. Oct. 31, 2024). The search warrant didn’t provide the address of the … Continue reading

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E.D.N.C.: Search incident of bag of handcuffed suspect surrounded by six officers was unreasonable

Search incident of bag of a handcuffed defendant surrounded by six officers and being attended by paramedics was unreasonable. “The Government argues that Allen could have slipped free of his handcuffs and lunged for the bags, but such gymnastics are … Continue reading

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CA2: 4A doesn’t incorporate state procedural rules and statutes

The constitution doesn’t incorporate state criminal procedural rules and statutes, and a violation of them doesn’t make a Fourth Amendment violation. See Virginia v. Moore. McCullough v. Graves, 2024 U.S. App. LEXIS 27503 (2d Cir. Oct. 30, 2024). The address … Continue reading

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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

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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

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D.Neb.: SW for property not overbroad and sought in GF; it objectively was a single-family home

The officers did their due diligence before the search warrant and saw only that defendant’s property was a single-family dwelling. That’s how it appeared, that’s what public records said. Therefore, they searched in good faith. United States v. Rice, 2024 … Continue reading

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OR: The burden on whether the affidavit was with the warrant at the search is on defendant

When the affidavit satisfies particularity but the defendant alleges the warrant doesn’t, he has the burden of proving that both were not attached to each other or at the scene of the search for guidance. State v. Goode, 335 Or. … Continue reading

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D.Minn.: “Cars on the property” was particular enough for SW

“Cars on the property” was particular enough for the search warrant for defendant’s property. United States v. Stucky, 2024 U.S. Dist. LEXIS 166040 (D. Minn. Sep. 16, 2024). Plaintiff inmate stated enough to proceed that he was subjected to harassing … Continue reading

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N.D.Cal.: iCloud SW was particular as to subject and time

This iCloud warrant was based on probable cause and was particular and had a specific time limit. “Certain of the categories of evidence authorized for seizure by the February iCloud Warrant may appear overbroad in isolation but are sufficiently particular … Continue reading

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CA4: Def left car door open in traffic stop and that enabled plain view

Defendant’s stop was valid, and he got out of the car leaving the door open. The officer could see the firearm in the car, and that’s plain view. United States v. Bailey, 2024 U.S. App. LEXIS 20336 (4th Cir. Aug. … Continue reading

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E.D.Mich.: Without showing no PC on remainder of affidavit, Franks challenge fails

Defendant’s Franks challenge fails because he doesn’t show that the affidavit does not show probable cause on the remainder. United States v. Chappell, 2024 U.S. Dist. LEXIS 140479 (E.D. Mich. Aug. 7, 2024).* The officers apparently didn’t know that the … Continue reading

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