D.N.M.: The fact a SW might be invalid isn’t grounds for an injunction for return of property where prosecution was still contemplated

Plaintiff seeks an injunction contending that the seizure of tax resister literature violated the First and Fourth Amendment. The seizure was based on a warrant that it is evidence of a crime not yet prosecuted. The fact the Fourth Amendment might have been violated doesn’t warrant returning the evidence because it’s possible it’s still admissible. Wellington v. Daza, 2019 U.S. Dist. LEXIS 15115 (D. N.M. Jan. 31, 2019).

Plaintiff doesn’t state a claim against Sprint or those subpoenaing his cell phone call records. The subpoena was prima facie valid. Brown v. Sprint Corporate Sec. Specialist, 2019 U.S. Dist. LEXIS 16641 (E.D. N.Y. Date: Jan. 31, 2019).*

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