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E.D.N.Y. "Ransacking" allegation during service of valid SW did not show it was unreasonable

By John Wesley Hall, Jr.

Mere allegations that the police ransacked defendant’s house during execution of a search warrant did not rise to the level of making the search unreasonable. They were looking for specific stuff identified in the warrant and there was no showing the warrant was exceeded. United States v. Fisher, 2011 U.S. Dist. LEXIS 5837 (E.D. N.Y. January 21, 2011): Finally, Fisher argues that the Court should suppress all of the evidence seized from his Residence because the Agents ransacked the Residence and confiscated non-contraband items, which constituted an unreasonable search. However, Fisher fails to identify how any of the locations searched were outside the scope of the warrant, nor did Fisher identify any items that lacked evidentiary value that were taken and not subsequently returned...continue to full post

Full post as published by Fourth Amendment on January 26, 2011 (boomark / email).