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 supports a finding that the warrant was obtained and executed in good faith. The agent knew that Taylor had used cellphones in brokering controlled purchases of heroin, and that multiple cellphones are often used in drug trafficking operations. Based on this knowledge, the agent obtained a warrant for cellphones, and only two cellphones were seized from Taylor’s home. The conduct of the officers in obtaining and executing the warrant was objectively reasonable, and thus the good faith exception applies.” United States v. Taylor, 2021 U.S. App. LEXIS 14730 (3d Cir. May 18, 2021).

In the Fifth Circuit, it’s good faith first, probable cause second. United States v. Coleman, 2021 U.S. Dist. LEXIS 93812 (S.D. Miss. May 18, 2021).*

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