CA9: Def’s wife was a private actor turning over his hard drive to the police

Defendant’s wife was not acting as an agent of the government when she turned over his hard drive to the police. The search warrant they obtained was clearly issued on probable cause. United States v. Wolff, 2017 U.S. App. LEXIS 21822 (9th Cir. Oct. 31, 2017), aff’g 2015 U.S. Dist. LEXIS 140073 (N.D. Cal. Oct. 14, 2015).

“[A]t this time the Court declines to adopt Judge Otazo-Reyes’s recommendation that the motion to suppress be denied and remands this matter to Judge Otazo-Reyes to conduct an evidentiary hearing on the limited issue of whether the (224) iPhone was turned on and searched prior to the issuance of the search warrant for that phone.” United States v. Esformes, 2017 U.S. Dist. LEXIS 180696 (S.D. Fla. Oct. 31, 2017),* R&R 2017 U.S. Dist. LEXIS 181133 (C.D. Fla. Sept. 25, 2017).*