E.D.N.Y. "Ransacking" allegation during service of valid SW did not show it was unreasonable

Mere allegations that the police ransacked defendant's house during execution of a search warrant did not rise to the level of making the search unreasonable. They were looking for specific stuff identified in the warrant and there was no showing the warrant was exceeded. United States v. Fisher, 2011 U.S. Dist. LEXIS 5837 (E.D. N.Y. January 21, 2011): Finally, Fisher argues that the Court should suppress all of the evidence seized from his Residence because the Agents ransacked the Residence and confiscated non-contraband items, which constituted an unreasonable search. However, Fisher fails to identify how any of the locations searched were outside the scope of the warrant, nor did Fisher identify any items that lacked evidentiary value that were taken and not subsequently returned. In addition, Fisher only asserts, without any challenges to the particularity of the warrant, that it authorized a "fishing expedition." A warrant is sufficiently particular when it "enable[s] the executing officer to ascertain and identify with reasonable certainty those items that the magistrate has authorized him to seize." United States v. George, 975 F.2d 72, 75 (2d Cir. 1992). Here, the warrant identified the Residence, included a specific list of items to be seized, and by its terms expressly permitted the search of closed or locked containers. The list provides enough detail to properly direct the officers executing the warrant and prevent "exploratory rummaging." Coolidge v. New Hampshire, 403 U.S. 443, 467, 91 S. Ct. 2022, 2038, 29 L. Ed. 2d 564 (1971) Furthermore, the warrant read in conjunction with the supporting Biddiscombe Affidavit clearly identifies that the listed items are not general, but rather specifically identified as fruits and instrumentalities of a narcotics trafficking conspiracy. (See Gov. Br., Ex. 3, ¶¶26-31 (discussing what evidence is commonly found at the residences of drug traffickers and how that evidence relates to narcotics trafficking).) See United States v. Johnson, 108 F.3d 1370 (Table) [published in full-text format at 1997 U.S. App. LEXIS 5434], 1997 WL 136332, at *3 (2d Cir. 1997) (holding that the investigator's affidavit was sufficient to establish that the items listed on the search warrant were related to the alleged fraud). Thus, the Court finds that the search of the Residence was not unreasonable and denies the motion to suppress on this ground.

Read more detail on Recent Constitutional Law Posts –

Legal notice about the E.D.N.Y. "Ransacking" allegation during service of valid SW did not show it was unreasonable rubric : Hukuki Net Legal News is not responsible for the privacy statements or other content from Web sites outside of the Hukuki.net site. Please refer the progenitor link to check the legal entity of this resource hereinabove.

Do you need High Quality Legal documents or forms related to E.D.N.Y. "Ransacking" allegation during service of valid SW did not show it was unreasonable?

This entry was posted in Constitutional Law and tagged , , , , , , . Bookmark the permalink.

Leave a Reply