D.S.D.: SW affidavit attachments referred to in affidavit and were used at the pre-search briefing to narrow the search

The application for the search warrant could have been more clear, but it was still apparent that the attachments were incorporated, and they completed the probable cause showing. Moreover, the attachments were used in the pre-search briefing of the officers so they were aware of the limits of the warrant. Prior circuit cases found it important that the attachments were present. These attachments were clearly referred to by all the officers involved before the search. United States v. Weber, 2018 U.S. Dist. LEXIS 176709 (D. S.D. Oct. 15, 2018).

The DoD IG’s investigative subpoena to Facebook for subscriber information was reasonable and within the scope of the IG’s investigative power. An affidavit of one with knowledge is enough to satisfy the government’s burden at this stage. Humphrey v. U.S. Department of Defense, 2018 U.S. Dist. LEXIS 177672 (D. Haw. Oct. 16, 2018).*

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