Category Archives: Particularity

E.D.Ky.: Coming out of car with hands up adds to RS

“Next, Grant’s behavior once the traffic stop occurred gave police additional reasons to suspect that he was involved in criminal activity. King’s testimony and the video evidence presented during the hearing support the conclusion that Defendant Grant was attempting to … Continue reading

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CA8: SW not needed for parked car just driven there

A dog alert on a parked Yukon did not require a search warrant before the search. It was parked on the property of a storage facility, and it was just driven to that spot while officers were getting a warrant … Continue reading

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VA Cir.: Proposed geofence warrant lacks PC and particularity

This proposed geofence warrant fails both probable cause for what it seeks to capture and particularity. In re Info. Stored at the Premises Controlled by Google, 2022 Va. Cir. LEXIS 12 (Fairfax Co. Feb. 24, 2022):

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W.D.Pa.: SW for what turned out to be multiunit apts is suppressed, and no GFE

The multi-unit character of the property being searched under a warrant wasn’t immediately apparent to the officers, or so they said. The court doesn’t credit that because they knew defendant was in “apartment 3” on the third floor. Post-search follow-up … Continue reading

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D.Conn.: This drug case SW was broad but the attachments narrowed it enough

“The warrant here, although broad, did not lack particularity in terms of data to be searched. The warrant incorporated two attachments relevant to this inquiry. See Groh v. Ramirez, 540 U.S. 551, 557-58 (2004) (establishing that a court may construe … Continue reading

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IN: Even with a typo in the address of the place to be searched in the warrant, the correct otherwise particularly described place was searched

The address on the search warrant was wrong, but the physical description for defendant’s place was different than place with the wrong address. Defendant’s place was the target and it was searched under the warrant. The search warrant was sufficiently … Continue reading

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PA: Cell phone SW has to protect privacy, but an internet-based crime will permit a broad search

Because of the nature of the invasion into privacy, a cell phone search has to be as limited as the search of a home, and the probable cause defines the scope of the search. All they had for starters was … Continue reading

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CA10: Cell phone search for evidence of sex trafficking could be broad; this was particular enough

The cell phone search warrant in this sex trafficking case allowed search of everything on the phone that could contain evidence of sex trafficking as defined under Oklahoma law. It was not overboard because the information sought could have taken … Continue reading

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NY Queens: Cell phone SW with no time restriction overbroad

The search warrant for defendant’s cell phone sought everything on it when a limited time period was at issue. The law is settled in New York. “Here, the search warrant issued allows for an essentially unrestrained search of defendant’s cell … Continue reading

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CA2: SW for premises was particular despite claim part of it was multifamily

The search warrant application didn’t mention that the premises was actually a multifamily dwelling. It appeared not to be, and the IP information for a child pornography search warrant came back to that address as a whole. “Regardless of whether … Continue reading

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TX5: SW for firearms in a vehicle permitted search and seizure of GSR although not specified

Officers had a search warrant for defendant’s car for firearms, but they also searched for gunshot residue which was not particularly described. Still, searching for GSR is reasonable on execution of the warrant. Brown v. State, 2021 Tex. App. LEXIS … Continue reading

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D.Nev.: Important case: SW affidavit didn’t support the breadth of cell phone search

Defendant was arrested for sex trafficking child in a reverse sting operation, and the court finds the search warrant for his telephone lacked probable cause to search it for child pornography. “That Lofstead may have attempted to purchase commercial sex … Continue reading

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WV: Witness recantation doesn’t per se eliminate PC; it is a factor to consider

A witness’s recantation is a factor for the prosecutor to consider in deciding whether to pursue charges. It does not mean that all probable cause is gone. Fall v. Ames, 2021 W. Va. LEXIS 640 (Nov. 19, 2021). The particularity … Continue reading

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D.Kan.: Word processing error in affidavit didn’t make a Franks issue

The reference to another unknown person in the search warrant affidavit appears to be a word processing mistake and not a material false statement for Franks purposes. Denied. United States v. Moss, 2021 U.S. Dist. LEXIS 221619 (D.Kan. Nov. 17, … Continue reading

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ABA: Litigation: Overbroad Searches and Seizures: Google Customer Data Stored Outside of Gmail

ABA: Litigation: Overbroad Searches and Seizures: Google Customer Data Stored Outside of Gmail, 48 Litigation 49 (No. 1, Oct. 1, 2021) by Mark Mermelstein, Sharon Frase, and Alison Epperson (“Tech giant customer data can contain most of a user’s electronic … Continue reading

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S.D.Tex.: Particularity and GFE are lacking; hearing set on motion to suppress

Neither the affidavit nor search warrant apparently sufficiently limit the search. The court has difficulty applying the good faith exception without a hearing on the motion to suppress. United States v. Mokbel, 2021 U.S. Dist. LEXIS 191789 (S.D.Tex. Oct. 5, … Continue reading

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D.Alaska: SW affidavit accidentally in the jury room during deliberations wasn’t looked at so no error

The search warrant affidavit for the search warrant for defendant’s backpack accidentally went to the jury room in deliberations with the backpack. The court finds that this wasn’t error because 10 of the 12 jurors said they didn’t know that … Continue reading

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NE: Time limited call and CSLI records were particular

The misstatements in the affidavit for the warrant here was negligence at worst, and that bars suppression. The affidavit for the warrant for defendant’s phone provided at least a “modicum” of information supporting probable cause. So, even assuming a lack … Continue reading

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D.Minn.: Particularity in social media SWs is still evolving, and reliance on SW here was reasonable

Here, a Facebook warrant that allegedly lacked particularity was still close enough for the good faith exception. The law of particularity in social media warrants is still evolving, and it was reasonable for the officer to rely on the issuing … Continue reading

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TN: Merely citing to the particularity requirement not effective appellate argument without context

Defendant’s particularity argument fails for lack of cogent argument: “Defendant’s first question regarding the probable cause requirement has already been answered, and Defendant offers no evidence or argument in support of his apparent challenge to the particularity of the warrant. … Continue reading

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