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AZ: Prospective warrant for Western Union records was based on PC that evidence of human and drug smuggling would be found

By John Wesley Hall, Jr.

State of Arizona's issuance of a seizure warrant for Western Union funds transfers based on a showing of statistical probability the funds were proceeds of human or drug smuggling based on a task force investigation was proper; it was issued with probable cause. The warrant was also not a general warrant. The court cautions that such warrants could be overbroad, but this is not one of them. The warrant was also prospective, but it was specific as to what would be in Western Union's possession within the ten day time frame of the warrant. State v. Western Union Fin. Servs., 2008 Ariz. App. LEXIS 103 (July 1, 2008): P62 Like the affidavit in Marine Midland Bank, the affidavits and declarations supporting the Seizure Warrant were the result of a lengthy investigation and described a specific modus operandi of organizations involved in human smuggling and/or narcotics trafficking that linked the ECs to racketeering events occurring in Arizona...continue to full post

Full post as published by Fourth Amendment on July 06, 2008 (boomark / email).