CA1: A search warrant presented to a magistrate may be modified before it issues; 4 yr delay in forensic analysis didn’t violate first warrant

A search warrant presented to a magistrate may be modified before it issues. [After all, isn’t that the quintessential “neutral and detached magistrate” providing truly independent review?] Here, electronics were seized, copied, and returned, and there was a four year delay between the seizure and analysis of what was copied. That was not outside the original warrant. United States v. Peake, 2015 U.S. App. LEXIS 17868 (1st Cir. Oct. 14, 2015):

A draft warrant presented to a magistrate judge may be altered or modified by the judicial officer or at his direction. See United States v. Hang Le-Thy Tran, 433 F.3d 472, 481 (6th Cir. 2006); United States v. Katoa, 379 F.3d 1203, 1208 (10th Cir. 2004); United States v. Arenal, 768 F.2d 263, 267 (8th Cir. 1985). When part of a warrant is considered invalid, “evidence seized under the valid portion may be admitted.” United States v. George, 975 F.2d 72, 79 (2d Cir. 1992). Furthermore, when a warrant is limited to authorize the seizure of only certain objects, “container[s] situated within residential premises which are the subject of a validly-issued warrant may be searched if it is reasonable to believe that the container could conceal items of the kind portrayed in the warrant.” United States v. Rogers, 521 F.3d 5, 9-10 (1st Cir. 2008).