CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, March 7, 2005

Invalid Search Warrant Severable

Here's a case from the South Carolina Court of Appeals holding that while a search warrant was unconstitutionally overbroad for lack of a particualr description, the invalid portions could be severed from the valid portions, and the critical elements of the search upheld.  The court cited the LaFave treatise as well as state and lower federal court cases. Thanks to Flynn Carey for the tip. [Jack Chin]

Search and Seizure | Permalink

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