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S.D.N.Y.: "All records" search warrant was authorized by the showing of PC

By John Wesley Hall, Jr.

“All records” search was authorized by the showing of probable cause. And, “[g]iven the complex nature of the criminal scheme and the number of years in which it was ongoing, a lack of a specific time frame in the search warrants is not sufficient in of itself to render the warrants constitutionally overbroad. See United States v. Gotti, 42 F. Supp. 2d 252, 274 (S.D.N.Y. 1999) (lack of time limitation did not render warrant defective).” United States v. Hernandez, 2010 U.S. Dist. LEXIS 719 (S.D. N.Y. January 6, 2010)*: However, the nature of the location and related alleged criminal activity as described by the affidavit indicates that the "all records" exception is applicable to this search. See Nat'l City Trading Corp...continue to full post

Full post as published by Fourth Amendment on January 08, 2010 (boomark / email).