Is Graff's application for a motion to suppress a search warrant that the search warrant was overbreadth?

MultiRegion, United States of America

The following excerpt is from U.S. v. Graff, 897 F.2d 533 (9th Cir. 1990):

Graff also contends that the district court erred by denying his motion to suppress in that the search warrant was overbroad because it failed to specifically describe items to be seized. We review de novo an overbreadth challenge to the validity of a search warrant. United States v. Hurt, 795 F.2d 765, 772, amended, reh'g denied, 808 F.2d 707, 708 (9th Cir.1986). Because the district court did not make findings of fact regarding overbreadth, "we will uphold a trial court's denial of a motion to suppress if there is a reasonable view of the evidence that will sustain it." United States v. Rabe, 848 F.2d 994, 997 (9th Cir.1988) citing United States v. Harrington, 636 F.2d 1182, 1185 (9th Cir.1980).

Other Questions


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)
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 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 overbreadth of the search warrant for the seizure of magazines from the Grove Street Garage (or the office of the accused) require suppression of evidence seized pursuant to the search? (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)
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)
What is the impact of section 2.256(8) of the Criminal Code on the search warrant used to obtain a search warrant for a speech-gathering warrant? (MultiRegion, United States of America)
Can a search warrant obtained pursuant to a state warrant be suppressed if the initial state warrant is invalid? (MultiRegion, United States of America)
Does the particularity requirement in the search warrant application apply to a search warrant? (MultiRegion, 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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.