M.D.Pa.: Def can have limited discovery about the search but not a prior draft of the affidavit

Defendant’s discovery request relating to the execution of search warrants on his property is granted in part and denied in part. Essentially, he gets that which is really relevant like a video of execution of the warrant, chain of custody records, evidence logs, and the like, but he can’t have a prior draft of the search warrant affidavit that wasn’t presented to a judicial officer. United States v. Musto, 2016 U.S. Dist. LEXIS 165265 (M.D.Pa. Nov. 30, 2016):

Defendant next seeks the production of search warrant records. Documents in this category, numbered pursuant to defendant’s motion for the production of discovery (Doc. 51-2), are: (3) recording of search warrant activity in the Criminal Investigation Management Information System (hereinafter “CIMIS”); (10) documents associated with maintenance of chain of custody of documents seized; (11) Post-Enforcement Operation Summary; (12) evidence log form; (13) evidence access control log; (14) videos of search warrant execution; (15) a copy of the evidence envelope; and (17) other documents that memorialize SSA Wylam’s responsibilities in executing the search warrant and reviewing privileged materials thereafter.

In the instant matter, the government has agreed to provide the defendant with item #14—videos of the search warrant execution. The court will also grant defendant’s motion to compel production of the following documents as they are relevant and probative of the issues to be addressed at the hearing on December 15, 2016: item #10—chain of custody documents, item #12—evidence log form, and item #15—a copy of the “evidence envelope” referenced in SSA Wylam’s declaration. The government shall produce these documents within five (5) days from the date of this order. The defendant’s request to produce additional documents from this group is denied in all other respects.

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