United States v. Robert Mark McLaughlin and Paul M. Bernauer (1988)

United States v. McLaughlin, 851 F.2d 283, 285 (9th Cir.1988).

See United States v. Burns, 624 F.2d 95, 101 (10th Cir.1980) (approving particularity of a search warrant designed to uncover "personal property tending to establish the identity of persons in control of contraband," and "related paraphernalia consisting in part and including, but not limited to utility company receipts, rent receipts, cancelled mail envelopes, photographs and keys."); United States v. Baker, 166 F.3d 348 (Table Opinion), 1998 WL 808392 at *4 (10th Cir. Nov.…

"Search warrants must ... be understood in a non-technical manner." United States v. McLaughlin, 851 F.2d 283, 286 (9th Cir.1988).

U.S. v. Ayers, 924 F.2d 1468, 1479 (9th Cir.1991); U.S. v. McLaughlin, 851 F.2d 283, 287 (9th Cir.1988).

See, e.g., United States v. Schmidt, 947 F.2d 362, 374 (9th Cir.1991) (limited by time period); United States v. Hernandez-Escarsega, 886 F.2d 1560, 1567-68 (9th Cir.1989) (limited to crimes of possession or distribution of controlled drugs), cert. denied, 497 U.S. 1003 (1990); United States v. Rodriguez, 869 F.2d 479, 487 (9th Cir.1989) (limited to crime of conspiracy to sell cocaine); United States v. McLaughlin, 851 F.2d 283, 286 (9th Cir.1988) (limited to drug sales and …

United States v. McLaughlin, 851 F.2d 283, 285 (9th Cir.1988).

United States v. McLaughlin, 851 F.2d 283, 285 (9th Cir.1988).

Second, he argues that even if the search was proper, his arrest was not, because it was merely a pretext for transporting him to Road and Track in order to elicit incriminating statements from him. 10 We review de novo whether the police exceeded the scope of a warrant, United States v. McLaughlin, 851 F.2d 283, 286 (9th Cir.1988), whether the warrant was sufficiently specific, Center Art Galleries-Hawaii, Inc. v. United States, 875 F.2d 747, 749 (9th Cir.1989), whether a p…

United States v. McLaughlin, 851 F.2d 283, 286 (9th Cir. 1988).

United States v. McLaughlin, 851 F.2d 283, 285 (9th Cir.1988). 12 Here, the warrants directed the police to seize evidence of a specific crime, drug trafficking, and limited the seizures to drugs, items facilitating drug trafficking, and proceeds from this crime.

United States v. McLaughlin, 851 F.2d 283, 285 (9th Cir.1988). 29 In United States v. Gomez-Soto, 723 F.2d 649 (9th Cir.), cert. denied, 466 U.S. 977 (1984), this court upheld the admission of a microcassette, which was found during a search conducted pursuant to a warrant for drug trafficking documentation.

Cf. United States v. Flippin, 924 F.2d 163, 164-65 (9th Cir.1991) (whether a search was based on sufficient suspicion is mixed question of law and fact); United States v. McLaughlin, 851 F.2d 283, 286 (9th Cir.1988) (whether police exceed scope of a warrant reviewed de novo).

United States v. McLaughlin, 851 F.2d 283, 285 (9th Cir.1988).

See United States v. Gonzalez, 940 F.2d 1413, 1419-20 (11th Cir.1991) (search of locked briefcase in execution of warrant upheld where police knew briefcase belonged not to owner of premises but to brother-in-law because items named in warrant would fit within such a container); United States v. Young, 909 F.2d 442, 445 (11th Cir.1990) ("one must consider the relationship between the object, the person and the place being searched"), cert. denied, 502 U.S. 825 , 112 S.Ct. 90…

Lisbon’s argument that the term “identification documents and mail” lacks particularity ignores the fact that the term itself modifies the authorization to search for and seize “[i]ndieia of identity and/or occupancy,” [Doc. 203-1 at 3], and was further limited to evidence related to the investigation at hand, i.e., property which constitutes evidence of violations of 21 U.S.C. §§ 841 and 846. [Id. at 2], “A search warrant may be used, not only to gather evidence of a crimin…

“Only a warrant particularly describing the place to be searched and the persons or things to be seized is valid.” United States v. McLaughlin, 851 F.2d 283, 285 (9th Cir.1988).

See United States v. McLaughlin, 851 F.2d 283, 286 (9th Cir.1988); United States v. Alexander, 761 F.2d 1294, 1301-02 (9th Cir.1985).

See United States v. McLaughlin , 851 F.2d 283, 286 (9th Cir. 1988); United States v. Alexander , 761 F.2d 1294 , -10- 1301-02 (9th Cir. 1985).

United States v. Leon, 468 U.S. 897, 920-23 (1984); see also United States v. McLaughlin, 851 F.2d 283, 284-85 (9th Cir.1988) (even if information in affidavit so old that it could not support probable cause, evidence properly admitted under the "good faith" exception because warrant not so deficient that reasonable officer could not believe it to be valid).

See, e.g., United States v. McLaughlin, 851 F.2d 283, 286 (9th Cir.1988).

See, e.g., United States v. McLaughlin, 851 F.2d 283, 286 (9th Cir.1988) ("A search warrant may be used, not only to gather evidence of a criminal activity, but also to gather evidence of who controlled the premises suspected of connection with criminal acts."); United States v. Crozier, 777 F.2d 1376, 1380-81 (9th Cir.1985) (upholding warrant authorizing seizure of items that indicate control or ownership of the premises searched). 15 We also reject Nunn's contention that t…

See United States v. McLaughlin, 851 F.2d 283, 286 (9th Cir.1988).

See United States v. McLaughlin, 851 F.2d 283, 287 (9th Cir. 1988); Micheli, 487 F.2d at 432 ; United States v. Teller, 397 F.2d 494, 497 (7th Cir. 1968); Wills, 524 N.W.2d at 511 ; People v. Berry, 224 Cal. App. 3d 162, 169 (1990).

As Emerson, 846 F.2d at 548 ; accord United States v. McLaughlin, 851 F.2d 283, 284 (9th Cir.1988); Hovey, 674 F.Supp. at 169 ; and United States v. Pees, 645 F.Supp. 697, 704 (D.Colo.1986) hold, the subdelegation from the Attorney General to the DEA Administrator must be explicit.