Category Archives: Particularity

N.D.Ind.: Affidavit for SW doesn’t have to provide the particularity, but it can if incorporated

The search warrant here is directed at a place and it’s not required to tie a person to it, unless it aids particularity. The affidavit for the warrant does not need to be particular but the warrant itself does. The … Continue reading

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CA6: What is sufficient probable cause for a CSLI or tracking warrant?

What is sufficient probable cause for a CSLI or tracking warrant? “After a lengthy investigation, the federal government uncovered substantial evidence that Dwayne Sheckles was a Louisville distributor for a large drug-trafficking ring. Sheckles pleaded guilty but reserved the right … Continue reading

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CA7: State cell phone tracking order issued with PC and was particular

Police got information that cell phone -5822 was used to arrange drug sales. They called the number and set up a few controlled buys. Then they got a state court tracking order for the phone. There is no indication that … Continue reading

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D.Idaho: Def’s available suppression remedy supplants Rule 41(g) motion seeking to quash SW

Defendant filed a Rule 41(g) motion for return of property that also sought to quash a search warrant. He has the remedy in his criminal case. Purbeck v. Wilkinson, 2021 U.S. Dist. LEXIS 76412 (D. Idaho Apr. 21, 2021). The … Continue reading

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N.D.Ga.: Cell tower dumps to attempt to solve 12 robberies did not require SW

There were 12 robberies and officers got cell tower dumps to attempt to figure out the phone involved. Cell tower dumps did not require a search warrant. United States v. Rhodes, 2021 U.S. Dist. LEXIS 75184 (N.D. Ga. Apr. 20, … Continue reading

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CA9: Inaccuracies in SW’s place to be searched didn’t misdirect officers; QI applies

The inaccuracies in the search warrant the officer sought weren’t enough to misidentify the place to be searched. Therefore, defendants didn’t violate clearly established law. Hill v. County of Benewah, 2021 U.S. App. LEXIS 10781 (9th Cir. Apr. 15, 2021).* … Continue reading

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D.Mont.: Particularity for the property to be searched was shown

Defendant showed standing on the totality to challenge the search of the property where he rented a room. Particularity was shown for the place to be searched. United States v. Dolphay, 2021 U.S. Dist. LEXIS 66415 (D. Mont. Apr. 6, … 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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D.N.M.: Business records SW was particular where limited to firearms offense

The business records search here was not overbroad as enabling a search of all records; just for violations of firearms offenses under 18 U.S.C. § 922(a)(1). It was particular enough. United States v. Warner, 2021 U.S. Dist. LEXIS 62302 (D. … Continue reading

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E.D.N.Y.: SW for email on devices as evidence of wire fraud permits seizure and search of the devices

Where the crux of a wire fraud is provable by email, a search warrant for defendant’s electronic devices was reasonable because cell phones and computers would likely have email access on them. That was just common sense, and the affiant … Continue reading

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CA6: SW was particular because particular affidavit was incorporated

The search warrant here was particular because it incorporated the affidavit by reference, and they were attached. United States v. Evans Landscaping Inc., 2021 U.S. App. LEXIS 8152 (6th Cir. Mar. 18, 2021). Defendant has no reasonable expectation of privacy … Continue reading

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LA1: Evading a traffic stop justifies a patdown

Defendant’s stop was justified by a traffic offense. His evading justified a patdown. State v. Young, 2021 La. App. LEXIS 377 (La. App. 1 Cir. Mar. 18, 2021). “In this case, the Court need not determine whether the search warrant … Continue reading

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W.D.N.Y.: Failure to specify the crime under investigation in a Facebook SW wasn’t fatal to search

Failure to specify the crime under investigation in a Facebook warrant wasn’t fatal and did not require exclusion. United States v. Vogelbacher, 2021 U.S. Dist. LEXIS 49359 (W.D.N.Y. Feb. 1, 2021), adopted 2021 U.S. Dist. LEXIS 48228 (W.D.N.Y. Mar. 15, … Continue reading

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NC: DUI checkpoint had programmatic purpose

The state proved a valid programmatic purpose for its driver’s license and DUI checkpoint. State v. Macke, 2021-NCCOA-70, 2021 N.C. App. LEXIS 61 (Mar. 16, 2021). Defense counsel was not ineffective for not challenging defendant’s stop because there was reasonable … Continue reading

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Two on alleged overbreadth

The Facebook warrant was kind of overbroad but was determined valid as a whole. “So as in Purcell, ‘the structure of the warrant rendered the specification of the suspected offense, while constitutionally indispensable, functionally unnecessary.’ Purcell, 967 F.3d at 183.” … Continue reading

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W.D.Wash.: iCloud SW temporal limit was impractical

An iCloud search warrant was not overbroad because the warrant sought a lot of material. Based on Apple’s protocols, it essentially had to be, and a time restriction wouldn’t be of any use. United States v. Woolard, 2021 U.S. Dist. … Continue reading

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NY: SW for premises did not include vehicle parked there for which separate PC wasn’t shown

Defendant was long under surveillance for drug deals, and a search warrant was obtained for his person and premises. It did not include his vehicles. The search authorization did not encompass his vehicle on the premises outside the house, and … Continue reading

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IA: Oral permission to amend SW to correct address of place to be searched made SW particular

When the executing officers arrived at the place of search, they realized that the particular description of the place to be searched was wrong. The affiant (apparently) called the issuing judge and got permission to amend the warrant’s place to … Continue reading

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IN: Cell phone seized under SW could be searched later than the deadline in the warrant

The state had the forfeiture claimant’s cell phone in hand, but didn’t actually search it within the limit of the warrant. This was reasonable, following Wolf v. State, 266 P.3d 1169, 1174 (Idaho Ct. App. 2011). Brown v. Eaton, 2021 … Continue reading

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D.P.R.: When emails are searched, a taint team isn’t always required; a large amount may be seized for later search

Ex ante search restrictions are rare. The warrant process is concerned with what may be searched for and seized, not necessarily how, and a taint teams isn’t always required. The officers could seize a large number of emails and then … Continue reading

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