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E.D.Pa.:Search of vehicle in a fraud case was proper, but parts of the search exceeded the PC

By John Wesley Hall, Jr.

Business records in a car were subject to search on PC or search incident for fraud. Some records in this fraud case, however, were seized without PC. United States v. Mitan, 2009 U.S. Dist. LEXIS 63890 (E.D. Pa. July 23, 2009): However, these are the only items for which Strosnider had developed sufficient probable cause to search. The Court finds that police could not have had a reasonable belief that any other Prime-Line related evidence was in the vehicle. The mere fact that Strosnider viewed a large volume of business-related documents in the car does not lead to the logical conclusion that these documents were related to the Prime-Line fraud. Therefore only the cards, UPS packaging, and Virtually Wireless items are admissible evidence related to Prime-Line Inc...continue to full post

Full post as published by Fourth Amendment on July 30, 2009 (boomark / email).