Category Archives: Particularity

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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CA8: Truly bare bones affidavit for SW fails on GFE

Defendant here actually showed that the affidavit for search warrant was completely lacking in even an inference that defendant might have stolen property on his property. He was located nearby the primary offender, and his criminal history said nothing about … Continue reading

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NY Erie Co.: Temporary Extreme Risk Protection Order didn’t satisfy 4A for criminal case

An officer sought a Temporary Extreme Risk Protection Order (TERPO) under NYS law for defendant’s allegedly pointing a gun at his alleged victims from a car. This is a civil remedy, and, here, it did not provide any protection under … Continue reading

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WV: SW for items that are also common to any home doesn’t make warrant general; it’s specific enough

Officers had two search warrants for Gray’s place, and defendant complained that the warrant described things common to any home. There was probable cause for that stuff, and there’s no requirement of a more specific description. State v. Knotts, 2023 … Continue reading

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UT: Being hospitalized having been shot by police isn’t “custody” for Miranda purposes

A person hospitalized after having been shot by the police is not per se “in custody” for Miranda purposes. The reason for the shooting was the safety of the officers and others, not custody. Tennessee v. Garner isn’t even close, … Continue reading

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CA6: SW’s minor error in naming place to be searched did not entitle ptf to relief; qualified immunity applies

A minor error in the address of the place to be searched could be overlooked because only the right place was searched. There is still qualified immunity. Neal El v. Valasek, 2023 U.S. App. LEXIS 30000 (6th Cir. Nov. 9, … Continue reading

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WV: A summons is not a 4A seizure

Claiming plaintiff was “forced to turn himself in” on a summons didn’t state a claim for a Fourth Amendment seizure. State ex rel. Atty.-Gen. v. Ballard, 2023 W. Va. LEXIS 473 (Nov. 9, 2023). “The warrant in this case listed … Continue reading

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AR: Probation search waiver can be required in suspended sentences, too

The state probation search waiver statute doesn’t refer to suspended sentences, but the court has the power to impose it there, too, even without a supervision requirement. Johnson v. State, 2023 Ark. App. 509 (Nov. 8, 2023). The dog sniff … Continue reading

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M.D.Pa.: Police continually banging on def’s door to come out was seizure; no exigency applies; suppressed

Defendant fled from the police in his car in a highspeed chase. They went to his house and came on to defendant’s curtilage, his porch, and shined flashlights through the windows. This was a search on a constitutionally protected area. … Continue reading

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E.D.Wis.: Text and Facebook messages about crime justified warrant for them

In a health care fraud case, the government knew that messages about the crime were exchanged by text and Facebook, and that was sufficient to get a search warrant for them. In any event, the good faith exception applied. United … Continue reading

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CO: REP in Google search history which also implicates freedom of expression

“First, the court concludes that, under the Colorado Constitution, the defendant has a constitutionally protected privacy interest in his Google search history even when revealed only in connection with his IP address and not his name and that, under both … Continue reading

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CA9: SW was wholesale overbroad, and QI not properly preserved for appeal

“The Second Search Warrant authorized, among other things, without any limitation as to time, the seizure of a vast array of ‘[f]inancial information’ related to Mr. Moore and ‘associated businesses’ that constitute evidence of a crime and all electronics that … Continue reading

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TN: Typo of street number of location of car to be searched could be overlooked when the car was still parked

Defendant was a suspect in a vehicular homicide. Her car with pedestrian damage was found parked in the driveway of her house at 207 Port Drive in Hamilton County. There was a typo on the street number despite the warrant … Continue reading

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NY4: No limitation in cell phone search was included, and it was thus not particular

The cell phone warrant sought all information on it about a 48 hour period without limitation, and it was vague and overbroad. “The warrant contained no language incorporating any other documents or facts. Significantly, the search of the phone was … Continue reading

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D.Conn.: Apparent overbreadth in SW cured by GFE on how it was executed and on what

The search warrant didn’t specify the crime under investigation and that was a problem for particularity. That could have been cured by the affidavit being attached to the warrant at execution but it wasn’t. It was referred to in the … Continue reading

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D.D.C.: Second thoughts about unobjected to Facebook posts in 1/6 trial doesn’t mean govt violated particularity

1/6 defendants didn’t object to Facebook materials obtained by search warrant. In their motion for new trial they’re concerned with one entry in 14,000 pages that the government must have exceeded the warrant. “Even if these underdeveloped allegations held water, … Continue reading

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