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

Criminal Law

: Fourth Amendment

CA6: Overseizure during execution of SW was not flagrant on this record, so no suppression

By John Wesley Hall, Jr.

Officer’s overseizure of “things of value” during execution of a search warrant was not flagrant disregard of the warrant. The officer consulted a local DA as to what to do, and the DA said to seize “things of value.” United States v. O’Campo, 2010 U.S. App. LEXIS 11815 (11th Cir. June 10, 2010) (unpublished)*: Although some improper seizures occurred here, we conclude that the executing officers did not flagrantly disregard the terms of the search warrant. The executing officer, Slade McCullogh, testified that he seized these items, in part, because they were items of value and could indicate ill-gotten gains or living above one's means; but the warrant authorized seizure of things of value only if those things were in close proximity to controlled substances...continue to full post

Full post as published by Fourth Amendment on June 11, 2010 (boomark / email).