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E.D.Mo.: ?Indicia warrant? for ?venue evidence? to show defendant?s connection to premises was broad but not overbroad

By John Wesley Hall, Jr.

“Indicia warrant” for “venue evidence” to show defendant’s connection to premises was broad but not overbroad. Under Eighth Circuit precedent, the search did not violate the Fourth Amendment. United States v. Darr, 2010 U.S. Dist. LEXIS 111623 (E.D. Mo. October 20, 2010): “A warrant authorizing officers to seize anything related to indicia of occupancy is quite broad.” [United States v. Romo-Corrales, 592 F.3d 915, 920 (8th Cir. 2010)] (quoting United States v. Timley, 443 F.3d 615, 623 (8th Cir. 2006)). Thus, in Romo-Corrales, the court held that a warrant authorizing a search for “venue evidence” (i.e., mail, bills, receipts or other indicia of a suspect's connection to a residence) permitted officers to search “the laundry hamper, garage, cooler, behind a mirror or picture, behind a dresser, and underneath the bed,” because these were areas where such evidence could be located...continue to full post

Full post as published by Fourth Amendment on October 24, 2010 (boomark / email).