{"id":55485,"date":"2023-07-31T10:41:19","date_gmt":"2023-07-31T15:41:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55485"},"modified":"2023-07-31T10:41:19","modified_gmt":"2023-07-31T15:41:19","slug":"ca3-the-search-exceeding-the-scope-of-a-warrant-justified-suppression","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55485","title":{"rendered":"CA3: The search exceeding the scope of a warrant justified suppression"},"content":{"rendered":"\n<p>The search exceeding the scope of a warrant justified suppression: \u201cBut here, the benefit of suppression is neither marginal nor nonexistent. The agents exceeded the scope of authority conferred by the warrant when they either ignored or disregarded the risk that they had entered a multi-family residence. In ignoring that risk, the search assumed \u2018the character of the wide-ranging exploratory searches the Framers intended to prohibit.\u2019 Suppressing the physical evidence and statements obtained under these circumstances advances the privacy interests that are the foundation of the Fourth Amendment. It reinforces the sanctity of one&#8217;s residence and deters reckless police conduct in the execution of search warrants.\u201d <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/172078np.pdf\">United States v. Andrews<\/a>, 2023 U.S. App. LEXIS 19397 (3d Cir. July 27, 2023).<\/p>\n\n\n\n<p>The affidavit for the warrant was prepared under a &#8220;time crunch&#8221; because it was anticipatory and the package was coming. Some details were omitted, and some \u201cbolstering the existence of probable cause&#8221; and &#8220;summarized others.&#8221; \u201cThe magistrate judge, after hearing testimony from Officer Davis, concluded that his conduct in drafting the affidavit amounted to negligence. But to prevail here, Johnson \u2018must show more than negligence or an innocent mistake.\u2019 \u2026 And we agree with the district court that Officer Davis did not act recklessly in his efforts to obtain a search warrant, despite the time pressure. The record does not indicate that Officer Davis entertained serious doubts about, or had obvious reasons to question, the accuracy of his statements. Therefore, Johnson is not entitled to suppression under Franks.\u201d United States v. Johnson, 2023 U.S. App. LEXIS 19217 (8th Cir. July 27, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search exceeding the scope of a warrant justified suppression: \u201cBut here, the benefit of suppression is neither marginal nor nonexistent. The agents exceeded the scope of authority conferred by the warrant when they either ignored or disregarded the risk &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55485\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14,21,59],"tags":[],"class_list":["post-55485","post","type-post","status-publish","format-standard","hentry","category-exclusionary-rule","category-franks-doctrine","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55485","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=55485"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55485\/revisions"}],"predecessor-version":[{"id":55487,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55485\/revisions\/55487"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55485"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55485"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55485"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}