CA9: Playpen warrant violated Rule 41(b)(1), but GFE still saved it

A Network Investigative Technique (NIT) warrant (“Playpen” warrant) issued by a magistrate judge in the Eastern District of Virginia exceeded the general territorial scope identified in Fed. R. Crim. P. 41(b)(1) and was thus void ab initio because it authorized a search of an activating computer in California. The NIT mechanism is not a “tracking device” under Rule 41(b)(4). The good faith exception, however, did not require suppression of evidence. United States v. Henderson, 2018 U.S. App. LEXIS 29848 (9th Cir. Oct. 23, 2018); United States v. Hammond, 2018 U.S. App. LEXIS 29880 (9th Cir. Oct. 23, 2018).

This entry was posted in F.R.Crim.P. 41, Good faith exception. Bookmark the permalink.

Comments are closed.