Identity not subject to suppression; search for wallet and ID was valid

Defendant’s identity was not subject to suppression. He had no ID on him, and, after his arrest, the officer looked through defendant’s vehicle for his wallet and ID, and this was a reasonable search. United States v. Osborne, 2007 U.S. Dist. LEXIS 38558 (E.D. Tenn. May 25, 2007).*

The fact a federal law enforcement officer provided information for the search warrant was not enough to make the state search warrant and state officers’ search “federal in character” to invoke Rule 41. Defendant argued that the state nighttime search rule was violated, but federal courts do not apply state law. “Mr. Armendariz is more insistent than coherent in urging the application of state law.” United States v. Armendariz, 2007 U.S. Dist. LEXIS 38503 (D. Utah May 25, 2007):

To the extent that Mr. Armendariz alleges only that a federal officer provided the information that formed the basis of the probable cause determination, he has not shown the search to have been federal in character. See Bookout, 810 F.2d at 968 (search state in character when executed by state officers where warrant based on information conveyed by federal officer). If, on the other hand, Mr. Armendariz contends that federal officers took part in the execution of the warrant, the question is a closer one. While the parties’ conflicting accounts of the search do not permit a conclusion regarding the participation of federal officers in the execution of the search, there is no need to take evidence on the matter because, even if the Court were to assume, arguendo, that the search was federal in character, there has been no violation of the requirement in Rule 41 that nighttime searches be supported by good cause and expressly authorized by the issuing magistrate.

Search warrant issued after a wiretap was not imparticular, even though the list of things to be seized was extensive and identified things by references to the N.Y. Penal Code. United States v. Session, 2007 U.S. Dist. LEXIS 38477 (W.D. N.Y. May 24, 2007):

A simple reading of the search warrant makes clear that it identified two categories of evidence to be seized from 67 Quentin Road: evidence relating to the trafficking of cocaine and evidence relating to the possession of illegal firearms. Indeed, the warrant specifically identified the particular New York State narcotics and weapons offenses as to which it authorized the search and seizure of evidence. Although the list of items enumerated was relatively extensive, all items appear reasonably related to the offenses upon which the search warrant was based. Accordingly, I find that the warrant was sufficiently particular to identify for the searching officers the evidence of specific criminal activity for which they were authorized to search, see, e.g., United States v. Washington, 48 F.3d 73, 78 (2d Cir.) (upholding warrant describing “specific categories of drug-related evidence sought”), cert. denied, 515 U.S. 1151, 115 S. Ct. 2596, 132 L. Ed. 2d 843 (1995); United States v. George, 975 F.2d at 76 (collecting cases upholding warrants authorizing searches for evidence of “specific illegal activity”), and I therefore recommend that Session’s motion to suppress evidence from his residence on that basis be denied.