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E.D.Ky.: "Evidence of thefts of ATVs" is particular enough because the crime has certain indicia during the search, like a key copier

By John Wesley Hall, Jr.

A particularity clause for evidence of ATV thefts was sufficiently particular. “The universe of responsive items reasonably finds a limit in the subject matter of the designated crime, which in this case presents a logical and discernible limit and thus confines officer discretion. See, e.g., Sanders v. Parrish, 141 F. App'x 412, 417 (6th Cir. 2005) (referencing materials in the search warrant affidavit to remedy a deficient description of items to be seized).” United States v. Taylor, 2010 U.S. Dist. LEXIS 81617 (E.D. Ky. July 26, 2010) (R&R), adopted United States v. Taylor, 2010 U.S. Dist. LEXIS 81769 (E.D. Ky. August 11, 2010) (“While multiple items could fall within the warrant’s terms, this by no means dooms the warrant’s particularity...continue to full post

Full post as published by Fourth Amendment on August 15, 2010 (boomark / email).