“Any and all material evidence of a crime” by itself is overly broad, but the defendant has to show that something was seized under that provision to challenge that seizure. United States v. Lipscomb, 2012 U.S. Dist. LEXIS 91494 (N.D. W.Va. July 3, 2012):<\/p>\n
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. …<\/p><\/blockquote>\n
When defendant was stopped at a bus station and asked for his ID, that was a stop that no person would feel free to ignore, and it went downhill from there. His consent was not freely given. United States v. Otero-Figueroa, 2012 U.S. Dist. LEXIS 91169 (W.D. Mo. June 19, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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