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CA9: When officers knew exact gun they should have been looking for, SW was too broad for other firearms and gang evidence

By John Wesley Hall, Jr.

The victim of an assault with a short-barreled shotgun with a pistol grip reported it to the police, along with a picture of the gun, and they got a search warrant for generic firearms and gang-related evidence. Based on what they had probable cause for, the description in the warrant was overbroad without any justification. Millender v. County of Los Angeles, 2010 U.S. App. LEXIS 17673 (9th Cir. August 24, 2010): We read the Fourth Amendment as requiring “specificity,” which has two aspects, “particularity and breadth.” United States v. SDI Future Health, Inc., 568 F.3d 684, 702 (9th Cir. 2009). “Particularity is the requirement that the warrant must clearly state what is sought. Breadth deals with the requirement that the scope of the warrant be limited by the probable cause on which the warrant is based...continue to full post

Full post as published by Fourth Amendment on August 27, 2010 (boomark / email).