S.D.N.Y.: Remedy for over-seizure is excluding the excess, but this hasn’t been shown invalid or flagrant

Cell phone site data warrant was issued on probable cause. The court took an in camera submission of what the probable cause was at the government’s request because it involved a hit on a witness. The search warrant for defendant’s house was not a general warrant. While there might have been an over-seizure of things, the government supports the seizure as being with probable cause of drug trafficking and murder. The remedy for over-seizure is excluding that part, not suppressing the whole search unless it is flagrant and here it isn’t. United States v. Meregildo, 2012 U.S. Dist. LEXIS 123879 (S.D. N.Y. August 28, 2012).*

Stop for swerving was valid. “The magistrate judge found, and this court agrees, that the total elapsed time is similar to the times found constitutional by the Eighth Circuit. The magistrate judge concluded that the initial stop of 19 minutes, plus the 7 to 10 minutes for the dog to alert thereafter, was not of constitutional significance.” United States v. Rodriguez, 2012 U.S. Dist. LEXIS 123426 (D. Neb. August 30, 2012).*

Defendants’ stop was justified by reasonable suspicion of credit card fraud trying to buy gift cards with stolen credit cards. United States v. Antoine, 2012 U.S. Dist. LEXIS 123591 (W.D. Pa. August 30, 2012).*