Category Archives: Overbreadth

D.Md.: Cell phone dump on a SW wasn’t shown to be overbroad

A cell phone dump after a search warrant wasn’t necessarily overbroad, and didn’t show it. “More particularity was impractical, and was not required.” United States v. Nelson, 2022 U.S. Dist. LEXIS 125994 (D. Md. July 15, 2022). Officers who used … Continue reading

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CA6: No 4A requirement to file SW before execution

No case says that failure to file a search warrant before it is executed violates the Fourth Amendment (or state law, not that state law matters in federal court). United States v. Dixon, 2022 U.S. App. LEXIS 19457 (6th Cir. … Continue reading

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NY Bronx: SDT for text message information was overbroad; SW should be sought instead

The court concludes a subpoena duces tecum to T-Mobile for text message information was overbroad. The court recommends the state apply for a search warrant instead. People v. Nelson, 2022 NY Slip Op 50630(U), 2022 N.Y. Misc. LEXIS 2968 (Bronx … Continue reading

Posted in § 1983 / Bivens, Excessive force, GPS / Tracking Data, Overbreadth, Subpoenas / Nat'l Security Letters | Comments Off on NY Bronx: SDT for text message information was overbroad; SW should be sought instead

IN: State const’l arguments have to be raised in trial court first

Defendant’s argument for a change in standing law under the state constitution that he should have the ability to challenge the search of another person’s person and clothing wasn’t raised below, so it’s waived. State v. Allen, 2022 Ind. App. … Continue reading

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D.D.C.: J6 Committee’s subpoena to RNC not unreasonably overbroad

J6 Committee’s subpoena for records to the RNC does not violate the Fourth Amendment; it’s within Congress’s power. Republican National Committee v. Pelosi, 2022 U.S. Dist. LEXIS 78501 (D.D.C. May 1, 2022):

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NY Co.: SW for cell phone without time limitation was unreasonable

One search warrant for searching defendant’s phone with Cellebrite was without time limitation and was overbroad. People v. Gonzalez, 2022 NY Slip Op 22074, 2022 N.Y. Misc. LEXIS 928 (N.Y.Co. Mar. 7, 2022). Defendant claimed his jail calls after 48 … Continue reading

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CO: While trial court erred in considering officers’ subjective intent, there still wasn’t RS

“We conclude that while the trial court erred in considering the officers’ subjective intent in effectuating the seizure, it was nonetheless correct that the officers lacked reasonable and articulable suspicion to detain Brown. Accordingly, we affirm the trial court’s order … Continue reading

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N.D.Ind.: Prior knowledge of def was RS here

The officer well knew defendant and his vehicle. “That information, combined with his recognition of Bastin as he drove by him on the highway, was enough reasonable suspicion to justify an investigatory stop, the Government contends. As for the pretext … Continue reading

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N.D.Okla.: Misdemeanor arrest warrant permits forcible entry in this circuit

Plaintiff’s claim that a forcible entry for a misdemeanor warrant fails because this circuit has held for 25 years that Payton applies to misdemeanor warrants. Plaintiff does state a claim, however, for failure to knock-and-announce before entry. First v. Hokett, … Continue reading

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WA: Overbroad SW was severable as to three places searched

The Washington Division of Fish and Wildlife received detailed reports of defendant brothers’ charter boats engaging in unlawful recreational fishing of halibut to skirt the daily catch limit. They put an undercover officer (a former charter boat operator) on one … 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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GA: Minor inconsistencies between driver and passenger during stop aren’t RS

Nervousness is normal during a traffic stop. “Lastly, inconsistencies in answers to police questions do not give rise to reasonable articulable suspicion unless the inconsistencies in the car occupants’ statements are meaningful.” These weren’t, so there was no reasonable suspicion. … 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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CA3: SW including “any and all cell phones” could be overbroad, but not here where there were only two

“Taylor contends that the description of ‘any and all cellular telephones’ contained in this warrant is overly broad and thus lacks the requisite particularity. Although a warrant allowing seizure of ‘any and all cellular telephones’ may be overbroad, this record … Continue reading

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CA10: PC doesn’t need to be decided where GFE would apply; overbroad SWs are severed

Probable cause does not have to be decided where the good faith exception would apply. The warrant was for firearm evidence and had a cell phone search provision. If the cell phone provision was overbroad, that should be severed and … 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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N.D.Ohio: “Days-old sale” of ½ ounce of marijuana didn’t justify wholesale search of records at home

The affidavit for search warrant based on an uncorroborated CI for sale of a ½ ounce of marijuana failed to show probable cause and it did not justify a search for virtually every document in the house or on his … 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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GA: CSLI lawfully obtained in 2013 was subject to GFE

The acquisition of defendant’s CSLI in 2013 followed law at the time and was reasonable, and the good faith exception applied. Carpenter came four years after the trial. Lofton v. State, 2021 Ga. LEXIS 28 (Feb. 15, 2021). The officers … Continue reading

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W.D.N.C.: The part of the SW for drugs was severable and without PC; drugs found, however, were in plain view in stolen property search

The affidavit for this search warrant didn’t show probable cause to search for drugs, but it did for stolen property. Severing that part, when the officers searched for stolen property, they found drugs, and they were thus in plain view. … Continue reading

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