D.N.M.: Business records SW was particular where limited to firearms offense

The business records search here was not overbroad as enabling a search of all records; just for violations of firearms offenses under 18 U.S.C. § 922(a)(1). It was particular enough. United States v. Warner, 2021 U.S. Dist. LEXIS 62302 (D. N.M. Mar. 31, 2021).

“Melendez attacks the affidavit in piece-meal fashion trying to discredit each observation as individually insufficient to establish probable cause. However, this court must consider ‘the totality of the circumstances in determining whether the affidavit demonstrates probable cause to search.’ … In this case the affidavit provides more than sufficient probable cause to believe that the Facebook account would contain evidence of criminal activity. Both confidential sources provided material information that was based in part on first-hand knowledge.” United States v. Melendez, 2021 U.S. Dist. LEXIS 62165 (D.Mass. Mar. 30, 2021).*

Plaintiff’s claim he was unnecessarily punched while double handcuffed and bent over the patrol car survives summary judgment. Koger v. Carson, 2021 U.S. App. LEXIS 9258 (11th Cir. Mar. 30, 2021).*