Reasonable suspicion of drug possession in high crime area = likely possession of weapon for patdown

Stop based on suspicious presence and with reasonable suspicion in a known drug area for likely dealing drugs carries with it the ability to pat down the suspects because drugs equates with likely presence of firearms. United States v. Gavin, 2006 U.S. Dist. LEXIS 88145 (E.D. Mich. December 6, 2006).

Search warrant was overbroad for various failures to specify the items to be seized and should have been suppressed under Groh. “Neither the officer’s personal knowledge of the crime nor a proper execution of the search may cure an overbroad warrant.” “That the affidavit was attached to the warrant is irrelevant because the warrant did not incorporate the affidavit by reference.” “Moreover, the general reference to evidence of domestic violence second degree assault under RCW 9A.36.021 authorized seizure of items for which there was no probable cause.” “Finally, the warrant failed to differentiate between items subject to seizure and those that were not.” State v. Higgins, 136 Wn. App. 87, 147 P.3d 649 (December 5, 2006):

Here, the warrant in no way limited the search to illicit items. Indeed, the broad reference to RCW 9A.36.021 allowed seizure of such innocuous items as household cleaners, home pregnancy tests, literature with sexual content, and fireplace pokers. And the warrant contained no list of examples to guide the search. Accordingly, the search was executed pursuant to an overbroad warrant and all items seized should have been suppressed.