CA2: Waiting until trial to move to suppress computer was waiver

The FBI thought they had defendant’s wife’s consent to search his computer, but they realized she didn’t know the password, so they applied for a search warrant. Defendant waited until the start of the trial to move to suppress, and that was waiver. He would also lose on the merits of the search. United States v. Nayyar, 2017 U.S. App. LEXIS 12677 (2d Cir. July 12, 2017).

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