N.D.Ga.: Facebook SW was valid when issued, but later case law said it would have been overbroad; valid by GFE

The Facebook warrant here was overbroad, but it was consistent with case law at the time. Later case law said that it would have been overbroad. Nevertheless, reliance on case law at the time the search warrant was issued is governed by the good faith exception. United States v. Panky, 2017 U.S. Dist. LEXIS 205342 (N.D. Ga. Nov. 28, 2017) (R&R).

Officers had an arrest warrant and entered looking for defendant, who they didn’t find. They did see firearms. There was no exigency justification for searching further and seizing them. The court finds, however, that there was consent from a person with apparent and actual authority. United States v. Young, 2017 U.S. Dist. LEXIS 205866 (M.D. Pa. Dec. 6, 2017).*

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