CA2: Remand required for determination for reason for delay in getting computer SW

Defendant was found passed out in a car on a rural road with the car in gear and the engine running. A tablet was on the seat. Searching the car for information about him, an image of child pornography was seen on the tablet, and that led to its seizure and later search under a warrant. Defendant conditionally pled and preserved his search issue. Remanded for a fuller determination of the reasons for the lengthy delay in getting a search warrant for the tablet. United States v. Smith, 2019 U.S. App. LEXIS 360 (2d Cir. Jan. 7, 2019).

Plaintiff’s search claim against IRS agents and state officials fails for lack of specifics of alleged racial animus or that the claims in the affidavit for the search warrant were false and wouldn’t support probable cause. Taylor v. Pekerol, 2019 U.S. App. LEXIS 396 (11th Cir. Jan. 7, 2019).*

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