N.D.Ga.: Use of an electronic “sniffer” to find a target computer in a college building was particular

Police used an electronic “sniffer” to attempt to find a MAC address of an operating computer in an Emory University building. “The affidavit described the plan to use a sniffer to ‘identify the wireless device associated with the suspect MAC address, “68:a3:c4:e2:6a:7e,” that has been identified in this investigation.’ (Id. at 9, Tr. at 34). The actual warrant, however, did not mention the sniffer; rather, it authorized the search of the entire building, without limitation and without reference to the sniffer.” It led them to defendant’s office. “Defendant’s concerns about the risk that law enforcement would perform a general search of everyone and everything in the Rollins Building pursuant to the warrant are allayed by the fact that the affidavit describes how a sniffer works and indicated that the agents intended to use the sniffer to perform a focused, targeted search to locate the suspect device.” The warrant was otherwise sufficiently particular to authorize the search. The good faith exception also applied. United States v. Sullivan, 2016 U.S. Dist. LEXIS 90449 (N.D.Ga. May 25, 2016), adopted, 2016 U.S. Dist. LEXIS 90329 (N.D. Ga. July 12, 2016).