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D.Me.: SW could say "contraband" drugs and still be particular

By John Wesley Hall, Jr.

The affidavit for the search warrant for defendant’s vehicle was based on probable cause. The fact the warrant sought “contraband” drugs did not make it lack particularity. United States v. Jenkins, 2010 U.S. Dist. LEXIS 98360 (D. Me. August 27, 2010): I find no substantial basis to conclude that the Cejka affidavit failed to convey probable cause to search the defendant's minivan. The defendant errs in arguing that Cejka was required to supply probable cause to believe that a specific type of contraband was present in the minivan. Cejka need only have supplied probable cause to believe that contraband was present there. See, e.g., United States v. Martinez-Cortes, 566 F.3d 767, 771 (8th Cir. 2009) (when occupants of vehicle did not promptly comply with orders to put the vehicle in park and show their hands, and defendant moved his arms as if to hide something between his leg and the car's console, officers had probable cause to believe that criminal activity was afoot and were justified in searching those areas of the vehicle where weapons or contraband might be hidden)...continue to full post

Full post as published by Fourth Amendment on September 24, 2010 (boomark / email).