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CA4: Blanket suppression of records was unjustified

By John Wesley Hall, Jr.

Blanket suppression of search for records was unwarranted. The critical records sought were fairly within the search warrant and should have not been suppressed. United States v. Srivastava, 2008 U.S. App. LEXIS 18817 (4th Cir. September 3, 2008), reversing United States v. Srivastava, 444 F. Supp. 2d 385 (D. Md. 2006), reconsideration denied, United States v. Srivastava, 476 F. Supp. 2d 509 (D. Md. 2007): Finally, having determined that the Potomac Documents and the Bank of India Transfers were within the ambit of the search warrants for the Potomac residence and the Greenbelt office, we assess the government's challenge to the blanket suppression of all the seized evidence. In that respect, the district court found that the warrants had been so flagrantly and unconstitutionally executed that a blanket suppression was justified...continue to full post

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