Is Collicott's application for a search warrant to seize "documents kept or maintained for the manufacture and/or distribution of methamphetamine" valid?

MultiRegion, United States of America

The following excerpt is from U.S. v. Collicott, 863 F.2d 886 (9th Cir. 1988):

Collicott next claims that the language in the warrants directing the officers to seize "documents kept or maintained for the manufacture and/or distribution of methamphetamine" is impermissibly overbroad. We disagree. The warrants set an objective standard by which the officers could differentiate documents subject to seizure from those not subject to seizure. See United States v. Spilotro, 800 F.2d 959, 963-65 (9th Cir.1986). In addition, "[t]he nature ... of the criminal activity [is] relevant in determining the particularity requirements of a warrant." United States v. Hillyard, 677 F.2d 1336, 1340 (9th Cir.1982). Since the crime is conspiracy to manufacture or distribute methamphetamine, and the warrants authorized the officers to search all papers for evidence of an intent to manufacture or distribute methamphetamine, the warrants are not overbroad.

Other Questions


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)
Is a valid search warrant valid for a search warrant justified or invalid? (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 a search warrant valid when the search warrant was signed only after the search party had presented its supporting facts? (MultiRegion, United States of America)
Can a search warrant be used to seize 392 pounds of marijuana seized during a search for evidence incidental to a valid arrest? (Canada (Federal), Canada)
What is the scope of the search warrant application in the context of a search warrant? (MultiRegion, United States of America)
Does a search warrant that incorporated by reference a supporting affidavit constitute a valid search warrant? (MultiRegion, United States of America)
Is Graff's application for a motion to suppress a search warrant that the search warrant was overbreadth? (MultiRegion, United States of America)
What is the test for obtaining a search warrant for search warrants for searches of electronic cigarettes and electronic cigarettes? (MultiRegion, United States of America)
Does the particularity requirement in the search warrant application apply to 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.