Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

E.D.N.Y.: Money laundering SW did not mention other businesses involved, but recognized that others would be; SW permitted records search of those businesses when they were found

By John Wesley Hall, Jr.

Search warrant in a money laundering case permitted the officers to look at documents involving businesses located on the premises not specifically named in the warrant. The affidavit and warrant contemplated that other businesses would be involved. "Since the warrant does not expressly name the third company involved in the scheme, the agents reasonably inferred that it was permissible to search the records for companies not expressly listed in the warrant, provided that these companies were connected to the alleged MBE fraud." United States v. Catapano, 2008 U.S. Dist. LEXIS 70460 (E.D. N.Y. August 26, 2008). Consenter who lived with defendant for a year with their infant daughter could consent to a search of the premises. Defendant was concerned that she might consent when he was in jail, but he didn't do anything to revoke her authority since she was in control of the property...continue to full post

Full post as published by Fourth Amendment on September 22, 2008 (boomark / email).