Based on the info presented...not sure if she has a case or not. It would appear on the face of things that the seizure of documents would be inconsistent with a search for firearms. However, back in my LEO days, I never requested or executed a search warrant that did not include some verbiage like “or any other materials or objects evidencing violations of local, State, or Federal ordinances, statutes or laws.”, in the description of what was to be searched or seized.
To that end, this one still seems a bit shaky. Certainly worth a vigorous challenge.
WHICH IS IN VIOLATION OF THE 4TH AMENDMENT WHICH STATES ALL WARRANTS MUST BE SPECIFIC AS TO WHAT IS BEING SEARCHED FOR.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Particulary describing is important. You can't just say "whatever we find we might think is illegal".
If I remember correctly and anyone who reads this please feel free to correct me if I’m wrong, when Eric Holder was working for Clinton and Reno, this tactic was used to raid Waco. A judge from a neighboring County issued a warrant citing child welfare that was used for BATFE to raid the compound for weapons.
I never requested or executed a search warrant that did not include some verbiage like “or any other materials or objects evidencing violations of local, State, or Federal ordinances, statutes or laws.”, in the description of what was to be searched or seized.
What crime would her handwritten notes be suspected of being evidence of?
The LE folks, in the middle of the search, asked her if she was the reporter who had done exposes. What crime investigation would require them to ask that information?
Why would they be looking at individual pages inside file folders - when supposedly looking for firearms? They think a firearm is going to be on individual pages in a file folder?
And if there were papers that were of a confidential nature but acquired through a FOIA request, the confidential stuff would have been redacted and it would have been clear that it was legitimately gained. Also, a reporter would certainly have kept the correspondence that came with the FOIA response, to prove it was legitimately acquired. LE would have been able to know on the spot that this was no evidence of a crime.
"back in my LEO days, I never requested or executed a search warrant that did not include some verbiage like “or any other materials or objects evidencing violations of local, State, or Federal ordinances, statutes or laws.”, in the description of what was to be searched or seized.Here is what the US Constitution requires:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.[1]"anything else that we might find" doesn't comport with the Constitutional requirement that the search warrant "particularly describe" what is being searched for.
The Constitution's meaning is clear. The routine violation of it that you were a party to does not change what the Constitution requires.
-PJ
“or any other materials or objects evidencing violations of local, State, or Federal ordinances, statutes or laws.”
In other words, a Judge approved fishing expedition.