{"id":7292,"date":"2012-08-23T10:26:02","date_gmt":"2012-06-14T16:55:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-14T16:55:17","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7292","title":{"rendered":"CA5: Use of \u201celectronic memory devices\u201d not overbroad and was limited by the subject matter of the search warrant"},"content":{"rendered":"

The use of \u201celectronic devices\u201d and \u201celectronic memory devices\u201d in the search warrant was not overbroad because it had to be interpreted in terms of the last limiting phrase, to locate an alleged missing person. Child pornography was found. United States v. Triplett<\/a>, 684 F.3d 500 (5th Cir. 2012):<\/p>\n

Triplett lists some of the wide variety of devices with electronic memories. He argues that the warrant description was overbroad. We find limiting guidance for the officers in the warrant. It stated that the objects were relevant “to locate Kaila Morris,” informing the officers that the proper electronic memory devices were those on which information on her location could be preserved. The arguably vague terms were among a list of other items to be seized described in greater detail. The warrant called for the seizure of “all articles of clothing of Kaila Morris, bed sheets, electronic devices, electronic memory devices, cell phone, DNA, hand digging and cutting tools, vehicles, and utility vehicles.” See 2 LaFave, Search and Seizure \u00a7 4.6(d), at 628 (4th ed. 2004) (noting that a general reference “at the end of a list of specific items may be upheld on the theory that the language of a warrant is to be construed in light of an illustrative list of seizable items” (quotation marks and citation omitted)). The list was of evidence likely in Triplett’s possession and relevant to his interactions with Kaila Morris, who had just been reported missing. See United States v. Hibbard, 963 F.2d 1100, 1102 (8th Cir. 1992) (finding enough particularity when warrant “limited the search to locating Shelly Ramsey or any evidence relating to her”).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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