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Warrant's descriptive phrase "representing the possible exploitation of children" was overbroad

By John Wesley Hall, Jr.

Search warrant's descriptive phrase "representing the possible exploitation of children" was unconstitutionally overbroad. Also, the good faith exception will not save this warrant. United States v. Tracey, 2008 U.S. Dist. LEXIS 49741 (M.D. Pa. June 30, 2008): Chief Holler did use language of incorporation but, as noted by Defendant, he incorporated the vague language of the warrant description, describing items to be seized as those "representing the possible exploitation of children," into the affidavit, rather than incorporating into the warrant the possibly limiting language of the affidavit, which referred to the statutory section that was allegedly violated. This was not some clerical error. The point of incorporation by reference is that the warrant becomes limited by incorporation into it of the affidavit's language...continue to full post

Full post as published by Fourth Amendment on July 05, 2008 (boomark / email).