Officers had reasonable suspicion for frisk of defendant’s person but not his vehicle. They asked for consent to search first and were denied. United States v. Spinner, 374 U.S. App. D.C. 347, 475 F.3d 356 (D.C. Cir. 2007).<\/p>\n
Overbreadth in search warrant is remedied by suppresing that which was should not have been seized, not by suppressing the whole search. United States v. Alagic, 2007 U.S. Dist. LEXIS 2698 (E.D. Mo. January 12, 2007):<\/p>\n
In any event, even if some portion of the search warrant were deemed to be overbroad, suppression would be limited only to those items seized pursuant to the overbroad portions of the warrant. See United States v. Fitzgerald<\/em>, 724 F.2d 633, 637 (8th Cir. 1983) (en banc) (holding that despite seizure of firearms pursuant to invalid portion of warrant, evidence of participation in drug conspiracy admissible in accordance with sufficiently particularized portions of warrant); accord, United States v. Timley<\/em>, 443 F.3d 615, 622 (8th Cir.) (holding that where warrant is invalid only in part, warrant is “severable,” and items seized pursuant to valid portions need not be suppressed), cert. denied<\/em>, 127 S.Ct. 299 (2006); United States v. Krasaway<\/em>, 881 F.2d 550, 553 (8th Cir. 1989) (same). Here, Defendant has not identified any items seized pursuant to allegedly overbroad portions of the warrant. Indeed, the only item seized that was specifically identified at the hearing, was the $13,000 in currency, and currency was specifically listed in the warrant.<\/p><\/blockquote>\n
Defendant’s wife was excluded from the defendant’s property because of a domestic violence order of protection. Nevertheless, he permitted her on the premises, and there was no reason why the police could not reasonably believe her apparent authority to consent. United States v. Barefoot, 2007 U.S. Dist. LEXIS 2548 (E.D. N.C. January 7, 2007).<\/p>\n","protected":false},"excerpt":{"rendered":"
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