United States v. Edward Bishop
United States v. Edward Bishop
Opinion
A drug deal went wrong. After receiving a dose of pepper spray from his customer, Edward Bishop shot her in the arm. A jury convicted him of discharging a firearm during a drug transaction,
This warrant described the "place to be searched" as the cell phone Bishop carried during the attempted sale, and it described the things to be seized as:
any evidence (including all photos, videos, and/or any other digital files, including removable memory cards) of suspect identity, motive, scheme/plan along with DNA evidence of the crime of Criminal Recklessness with a deadly weapon which is hidden or secreted [in the cellphone or] related to the offense of Dealing illegal drugs.
That is too general, Bishop asserts, because it authorized the police to rummage through every application and file on the phone and left to the officers' judgment the decision which files met the description. The district court found the warrant valid, however, and denied the motion to suppress.
Bishop is right about the facts. This warrant
does
permit the police to look at every file on his phone and decide which files satisfy the description. But he is wrong to think that this makes a warrant too general. Criminals don't advertise where they keep evidence. A warrant authorizing a search of a house for drugs permits the police to search everywhere in the house, because "everywhere" is where
the contraband may be hidden.
United States v. Ross
,
title notes, title abstracts, title rundowns; contracts of sale and/or assignments from Raffaele Antonelli and Rocco Caniglia to Mount Vernon Development Corporation and/or others; lien payoff correspondence and lien pay-off memoranda to and from lienholders and noteholders; correspondence and memoranda to and from trustees of deeds of trust; lenders instructions for a construction loan or construction and permanent loan; disbursement sheets and disbursement memoranda; checks, check stubs and ledger sheets indicating disbursement upon settlement; correspondence and memoranda concerning disbursements upon settlement; settlement statements and settlement memoranda; fully or partially prepared deed of trust releases, whether or not executed and whether or not recorded; books, records, documents, papers, memoranda and correspondence, showing or tending to show a fraudulent intent, and/or knowledge as elements of the crime of false pretenses, in violation of Article 27, Section 140, of the Annotated Code of Maryland, 1957 Edition, as amended and revised, together with other fruits, instrumentalities and evidence of crime at this [time] unknown .
Just so with this warrant. It permits the search of every document on the cell phone, which (like a computer) serves the same function as the filing cabinets in Andresen's office. See
Riley v. California
, --- U.S. ----,
Andresen
and its successors show that specificity is a relative matter. A warrant may be thought "too general" only if some more-specific alternative would have done better at protecting privacy while still permitting legitimate investigation. See
United States v. Vitek Supply Corp
.,
AFFIRMED
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Edward BISHOP, Defendant-Appellant.
- Cited By
- 48 cases
- Status
- Published