Category Archives: Particularity

CO: When IP address is the PC for a building, SW permits search of whole building

“This case concerns whether a search for Internet-related evidence that extended to a previously unknown basement apartment was reasonable, even though the apartment was not specified in the warrant. The supreme court holds that 1) the warrant’s reference to the … Continue reading

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D.Mont.: FBI 302s not discoverable to aid in PC and particularity challenge

Defendant cannot get discovery of FBI 302s just to see if the search warrant was based on whatever information that would disclose. United States v. Purkey, 2024 U.S. Dist. LEXIS 104824 (D. Mont. June 11, 2024). After all, the four … Continue reading

Posted in Admissibility of evidence, Cell site location information, Motion to suppress, Particularity, Prison and jail searches, Warrant papers | Comments Off on D.Mont.: FBI 302s not discoverable to aid in PC and particularity challenge

E.D.N.Y.: iCloud SW was particular to time and offenses

“The Court finds both the iCloud and Midwood Lumber Warrants were sufficiently particularized and tethered to the Affidavits’ probable cause showings, thereby meeting the Fourth Amendment’s requirements.” … “[I]he iCloud Warrant identifies the property to be searched as “information associated … Continue reading

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D.Nev.: Affidavit accompanying cell phone SW provided particularity

If the affidavit accompanies the warrant it can cure particularity problems. Here it did. United States v. King, 2024 U.S. Dist. LEXIS 103299 (D. Nev. June 11, 2024).* Plaintiff stated a claim for arrest without probable cause by the defendant … Continue reading

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WaPo: Google cuts part of team that vets police requests for user data

WaPo: +Google cuts part of team that vets police requests for user data by Gerrit De Vynck (“The tech giant gives reams of data to police. It has laid off part of the team that ensures those requests are legal. … Continue reading

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S.D.Ind.: GFE of law at the time of the search meant no IAC

“Counsel did not perform deficiently when they raised the Fourth Amendment argument [under applicable law at the time], even though this Court and the Seventh Circuit found that the good faith applied.” Castro-Aguirre v. United States, 2024 U.S. Dist. LEXIS … Continue reading

Posted in Cell phones, Good faith exception, Ineffective assistance, Particularity, Probation / Parole search, Scope of search | Comments Off on S.D.Ind.: GFE of law at the time of the search meant no IAC

D.Nev.: A website’s cookies linked def’s personal email address for nexus

In a criminal copyright case, cookies on website led to defendant’s business and personal email accounts, and that gave nexus to them for the warrant. “Under the totality of the circumstances, the Court finds that the search warrant reveals a … Continue reading

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OH5: Cell phone SW was not particular, GFE doesn’t apply, but harmless after all

The cell phone search warrant here failed particularity: “permitted a sweeping, comprehensive search of Hikec’s cell phone with no meaningful limits”, and the good faith exception doesn’t apply. On this record, however, it was harmless error in light of other … Continue reading

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MA: Mere denial is not a “substantial preliminary showing” for Franks

The issuing magistrate had probable cause to issue a search warrant for possible child pornography because the affidavit contained the officer’s description of an image depicting nude juveniles from 13-15 years, and the tip provider employee’s personal observation of the … Continue reading

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TN: “Possessions” in search clause of state const. gives REP in rural hunting land

Because the Tennessee Constitution uses “possessions” rather than “effects,” plaintiff had a reasonable expectation of privacy in rural land that he used that wildlife officers entered upon to enforce hunting laws. Rainwaters v. Tenn. Wildlife Res. Agency, 2024 Tenn. App. … Continue reading

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W.D.Mo.: Wrong address in SW wasn’t fatal where right house was searched

The affidavit had the correct address but the warrant didn’t. The right house was searched, and the warrant was valid. United States v. Gallagher, 2024 U.S. Dist. LEXIS 73780 (W.D. Mo. Mar. 28, 2024). Defendant abandoned a gun, hoodie, and … Continue reading

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N.D.Iowa: Drug dog sticking his nose in the open window of car was a search, and here without PC

The drug dog’s sticking his nose in the open window of defendant’s car was a search, and here without probable cause. United States v. Handley, 2024 U.S. Dist. LEXIS 64531 (N.D. Iowa Apr. 9, 2024). This search warrant is particular … Continue reading

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N.D.Ohio: Refusing discovery on 4A grounds in forfeiture case results in no standing

On remand from the Sixth Circuit in this forfeiture case on the question of standing, claimant asserted Fourth Amendment privilege to all discovery requests about his standing to claim the money. The court finds no facts for standing means no … Continue reading

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D.Idaho: Cellphone warrant was not sufficiently particular and is suppressed; Gmail account not suppressed

The Google email search warrant was sufficiently particular to narrow the search to documents pertaining to a particular land transaction. The search warrant for defendant’s Apple phone and accounts, however, was insufficiently particular and is suppressed. The affidavit attempted to … Continue reading

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CA9: Two controlled buys by others afterward going to def’s house was nexus

Nexus to defendant’s house was shown by two controlled buys with others who traveled back to his house afterward. United States v. Espinoza, 2024 U.S. App. LEXIS 5147 (9th Cir. Mar. 4, 2024). “The warrant for appellant’s medical records was … Continue reading

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E.D.Ky.: Motion for new trial here not ground for illegal search claim

This motion for new trial is not for defendant’s claim that officers hacked his computer to illegally search it. It’s not newly discovered. Moreover, there were questions of the FBI computer analyst about whether the computer had been hacked. United … Continue reading

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D.Utah: Facebook account SW was properly limited to time and to crime under investigation and not overbroad

This Facebook account warrant was properly limited. “First, both warrants here were limited to a time period of about one year, from December 11, 2020, to November 17, 2021. As a result, neither warrant allowed the government to search everything … Continue reading

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CA2: A temporal limitation on the SW would have been better, but it’s still cured by GFE

It would have been better for the search warrant to have included a temporal limitation, but that doesn’t have to be decided because the good faith exception is found to apply in any event. United States v. Saint Clair, 2024 … Continue reading

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WV: “Mobile cellular phones” particular enough

“The first warrant authorized the seizure of ‘mobile cellular phones,’ clearly imparting sufficient particularity to allow the officer to know that petitioner’s phone was to be seized. Where the warrant clearly authorized seizure of the phone, there can be no … Continue reading

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CA3: Nexus doesn’t require positive evidence; inference will do

Nexus doesn’t require positive evidence defendant has drugs at home; an inference suffices. United States v. Green, 2024 U.S. App. LEXIS 1737 (3d Cir. Jan. 25, 2024). “Kirik’s particularity challenges are unavailing. With respect to Kirik’s challenge to the articulation … Continue reading

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