D.Minn. USMJ finds Playpen warrant constitutionally defective and no GFE

“Accordingly, the NIT warrant is void ab initio. Without an identifiable warrant exception (the Government offers none and the Court is aware of none) the Court concludes that the NIT warrant’s violation of Rule 41(b) and 28 U.S.C. § 636(a) constitutes a constitutional infirmity See Hyten, 5 F.3d at 1157. … In short, the Court concludes that the issuance of the NIT warrant in violation of Rule 41(b) was of constitutional magnitude, prejudiced Carlson, and was done in reckless disregard of proper procedure.” The good faith exception also does not apply. United States v. Carlson, 2017 U.S. Dist. LEXIS 67991 (D. Minn. March 23, 2017) (R&R).

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