Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

W.D. Pa.: Wecht warrant overbroad and motion to suppress granted

By John Wesley Hall, Jr.

Search warrant for business records in the ongoing Dr. Wecht case in Pittsburgh was overbroad and not particular enough for the Fourth Amendment. Because he was permitted a private practice while acting as ME, there was no meaningful limitation on the seizure of records. The affidavit also was not incorporated into the warrant. Moreover, the defendant was unable to determine what was to be seized. United States v. Wecht, 2009 U.S. Dist. LEXIS 40575 (W.D. Pa. May 14, 2009): Our Circuit Court of Appeals has instructed that "the breadth of items to be searched depends upon the particular factual context of each case and also the information available to the investigating agent that could limit the search at the time the warrant application is given to the magistrate...continue to full post

Full post as published by Fourth Amendment on May 18, 2009 (boomark / email).