U.S. v. Fogg, 52 M.J. 144

First Principles: Constitutional Matters: Search and Seizure

1. reviewing a motion to suppress videotape seized under a warrant which authorized seizure of “crack cocaine, packaging and repackaging equipment, papers proving occupancy, records, weapons, papers, RF detectors, photos, cellular phone[s], police scanners, scales/paraphernalia”, court holds that there was a valid warranted seizure of the videotape which was covered by the scope of the search warrant because: (1) officers executing warrants are often required to exercise realistic, common-sense judgment, and they are not obliged to interpret a warrant narrowly; and, (2) videotape fell within the scope of the warrant which authorized the seizure of “photographs”

Core Criminal Law Subjects: Evidence: Search and Seizure › Warrants

1. reviewing a motion to suppress videotape seized under a warrant which authorized seizure of “crack cocaine, packaging and repackaging equipment, papers proving occupancy, records, weapons, papers, RF detectors, photos, cellular phone[s], police scanners, scales/paraphernalia”, court holds that there was a valid warranted seizure of the videotape which was covered by the scope of the search warrant because: (1) officers executing warrants are often required to exercise realistic, common-sense judgment, and they are not obliged to interpret a warrant narrowly; and, (2) videotape fell within the scope of the warrant which authorized the seizure of “photographs”