Category Archives: Particularity

S.D.Ill.: Mistake in SW address didn’t mislead police; no IAC for not raising it

Mistakes in search warrant papers happen, and they don’t suppress the search unless they are meaningful and prejudicial to the process. Here, it was a wrong address cured by other things that sent the police to the right place. McBride … Continue reading

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CA9: “[E]vidence of dominion and control provision” sought in this CP SW made it overbroad

The “evidence of dominion and control provision” sought in this child pornography search warrant made it overbroad. United States v. Holcomb, 2025 U.S. App. LEXIS 7135 (9th Cir. Mar. 27, 2025). The first paragraph: This case raises a variation of … Continue reading

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M.D.Ga.: Cell phone in car of drug dealer was seizable and searched with particular SW

Cell phone found in the car of one reasonably believed to be a drug dealer was searched by a warrant that was particular and with probable cause. United States v. Chambers, 2025 U.S. Dist. LEXIS 53490 (M.D. Ga. Mar. 24, … Continue reading

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D.Minn.: SW’s failure to include motel name, address, and room number failed particularity

The search warrant was ostensibly for a particular Motel 6 and room number, but the warrant completely omitted reference to the place to be searched. United States v. Brown, 2025 U.S. Dist. LEXIS 47675 (D. Minn. Mar. 13, 2025). When … Continue reading

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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

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NY1: SW misdescription of place to be searched not adequately resolved below; remanded

Defendant’s motion to suppress based on an apparent misdescription of the place to be searched wasn’t resolved below, so the case is remanded for further development. People v. Trulove, 2025 NY Slip Op 01178, 2025 N.Y. App. Div. LEXIS 1170 … Continue reading

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OR: Cell phone warrant was sufficiently particular to prevent a general rummaging

For this cell phone search, “As explained above, however, the first and fourth search categories are sufficiently specific, and defendant conceded below that the third category is sufficiently specific. Further, the sixth category’s command to search for location information—as circumscribed … Continue reading

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CA9: Use of Taser in dart-mode wasn’t excessive force because it was justified

“An officer’s use of a Taser in dart-mode ‘constitute[s] an intermediate, significant level of force.’ … But under the Graham factors, Officer Swindling’s brief Taser use was justified under the circumstances. First, Sharif had assaulted his daughter’s mother; stolen a … Continue reading

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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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