Informational only: This article is general information, not legal advice. Criminal cases are fact-specific and should be reviewed by counsel.
Probable cause and nexus
A warrant affidavit should establish a fair probability that evidence of a crime will be found in the specific place or item to be searched. Weak nexus can create a challenge.
Particularity
Warrants must describe what may be searched and seized with enough particularity to limit officer discretion. Broad digital searches deserve special scrutiny.
- What evidence was sought?
- What time period was relevant?
- Was the search tied to the alleged offense?
- Did the warrant authorize more than probable cause supported?
Defense review
The defense should examine the affidavit, warrant, return, forensic extraction, and any statements used to obtain the warrant.
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