Does a search warrant that seeks to suppress evidence used at trial contain an overbroad search warrant?

MultiRegion, United States of America

The following excerpt is from United States v. Flores, 802 F.3d 1028 (9th Cir. 2015):

Ultimately, we need not decide whether the warrant was overbroad for lack of a temporal limit because even if it was, suppression of the evidence used at trial was not required. We have embraced the doctrine of severance, which allows us to strike from a warrant those portions that are invalid and preserve those portions that satisfy the Fourth Amendment. Only those articles seized pursuant to the invalid portions need be suppressed. United States v. GomezSoto, 723 F.2d 649, 654 (9th Cir.1984). No evidence was introduced at trial that should have been suppressed under this standard, regardless of the warrant's potential overbreadth. Indeed, the two sets of Facebook messages introduced at trial were sent on the day of Flores's arrest and thus fell well-within even the narrowest of

[802 F.3d 1046]

Other Questions


Is a search warrant obtained after a warrantless entry sufficient to suppress or suppress evidence seized pursuant to the search warrant? (MultiRegion, United States of America)
Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
When a search warrant is issued, can the search warrant be used to search for a suspect who has been detained without a warrant? (MultiRegion, United States of America)
What is the test for obtaining a search warrant under a warrant for search warrants where the affidavit contains misrepresentations or omissions? (MultiRegion, United States of America)
When a search warrant is used to search for evidence of drug dealing, can a defendant deny giving evidence that incriminating statements were made during the search? ("New York", United States of America)
When a search warrant is issued and the search warrant issued, what is the relevant evidence required at the suppression hearing? (MultiRegion, United States of America)
Is a plaintiff's failure to seek a motion to suppress evidence from his personal mobile phone ineffective because his counsel did not seek to suppress the evidence against him? (MultiRegion, United States of America)
Is there error in the district court's denial of Defendant's motion to suppress evidence recovered in a search, pursuant to a search warrant, of Room 113 of the Hotel? (MultiRegion, United States of America)
Does a search warrant contain the term "narcotics" in the search warrant? (MultiRegion, United States of America)
Is there any reason to deny a suppression motion concerning the physical evidence discovered in a search of a car found by a search warrant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.