N.D.W.Va.: “Any and all material evidence of a crime” in a search warrant is not per se overly broad

“Any and all material evidence of a crime” in a search warrant is not per se overly broad. United States v. Lipscomb, 2012 U.S. Dist. LEXIS 91494 (N.D. W.Va. July 3, 2012):

The Court finds that the sentence “Any and all material evidence of a crime” by itself is overly broad and could be seen as authorizing a general exploratory rummaging in a person’s belongings.” The Court also finds, however, that the inclusion of that one sentence does not invalidate the entire search warrant. In fact, Defendants do not point to any materials that were seized that would not be covered by the particular terms of the search warrant, with the exception of the methamphetamine instruction sheet, which shall be discussed later. See United States v. Washington, 852 F.2d 803 (4th Cir. 1088) (upholding a warrant which authorized a search for “heroin, a quantity of drug paraphernalia, papers, notes, bank records, identification documents and other items of evidence….”), and United States v. Dickerson, 166 F.3d 667 (4th Cir. 1999)(upholding a warrant that was claimed overbroad, noting, expressly, the fact that the items actually seized were all related to the crime at issue.) Tpr. Kessel testified all the items on the property receipt were related to the manufacture of methamphetamine, and a review of the Property receipt indicates to the Court that his testimony regarding this was correct.