N.D.Ohio: Email SW completely lacked PC, then there were false statements and material omissions, too

The motion to suppress the search warrant for defendant’s emails is granted. “Nothing in the 2013 affidavit used to obtain the search warrant approaches probable cause.” And, “Therefore, the 2013 search warrant affidavit is so lacking in indicia of probable cause that the evidence resulting from it must be suppressed.” There was also false information in the affidavit: “For those reasons, the Court finds that it must strike the above-described false information and add the above-described omitted facts to the 2013 affidavit to determine probable cause. Because of Agent Boggs’s material false descriptions and omissions, if probable cause does not exist in the modified 2013 affidavit, the good faith exception cannot apply.” A 2015 search warrant was dependent on the first, and it is suppressed as fruit of the poisonous tree. United States v. Asgari, 2018 U.S. Dist. LEXIS 56738 (N.D. Ohio Apr. 3, 2018).

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