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N.D.Ind.: Business records warrant was specific and not overbroad

By John Wesley Hall, Jr.

Identified business records for a specified time period was not overbroad. United States v. Simon, 2010 U.S. Dist. LEXIS 108079 (N.D. Ind. October 8, 2010): A warrant satisfies the particularity requirement if the warrant tells a reasonable executing officer what items are to be seized. ... This warrant listed the Simons' business affiliations and limited the records search concerning those businesses to a particular time frame. It specified tax documents within a particular time frame. The other categories of items are limited by subject matter rather than by time frame. Greater specificity would be needed for a search of an accountant's office, but this warrant related to a residence. Seizure of the financial aid documents neither exceeded the warrant's scope nor demonstrated an impermissible lack of particularity...continue to full post

Full post as published by Fourth Amendment on October 14, 2010 (boomark / email).