Makai Zuniga

Document Type

Case Summary

Publication Date

3-28-2024

Case Synopsis

This case raised several issues regarding the scope of a valid search warrant. Under Nevada law, an affidavit may be incorporated into a warrant to establish probable cause, but that affidavit cannot expand the scope of the search and seizure permitted under the warrant’s specific language. Absent an exception, officers only have a right to follow the specific instructions listed on a warrant. Further, exigent circumstances can allow police to warrantlessly seize a cell phone, but they cannot search the data on the phone unless a new warrant is obtained, or demanding circumstances independently justify the search of the data. In this case, the government violated the Fourth Amendment Constitutional rights afford by the U.S. Constitution, as well as the Nevada Constitution search and seizure provisions.

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