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N.D.Tex.: Size and breadth of a document seizure does not make the warrant general

By John Wesley Hall, Jr.

The size and breadth of a document seizure does not mean that the warrant was general. United States v. Simpson, 2011 U.S. Dist. LEXIS 20752 (N.D. Tex. March 2, 2011): Simpson primarily argues that the unprecedented volume of seized evidence supports his argument that the warrants are general warrants. But the unprecedented volume of seized evidence may instead reflect the scope of the alleged conspiracy and the criminal activities, which are factors the court can consider in determining whether the warrant meets the particularity requirement. See, e.g., United States v. Triumph Capital Grp., Inc., 211 F.R.D. 31, 57 (D. Conn. 2002); Andresen, 427 U.S. at 480-82 n.10 (considering complexity of alleged real estate scheme in holding that list of specific items was not general warrant)...continue to full post

Full post as published by Fourth Amendment on March 08, 2011 (boomark / email).