W.D.La.: A state judge without terroritial jurisdiction doesn’t violate Stored Communications Act

The fact a Louisiana state judge’s warrant under the Stored Communications Act, 18 U.S.C. § 2703, was apparently partly outside the judge’s territorial jurisdiction is not a ground to suppress under § 2703. “Article 161(A) states, ‘a judge may issue a warrant authorizing the search for and seizure of any thing within the territorial jurisdiction of the court ….’ Thus, under section (A), a judge may only issue a warrant when the thing to be searched is within the court’s jurisdiction. However, section (C) of that article states, ‘[a] judge may also issue a search warrant in all other cases specifically provided by law.’ Here, the state judge was authorized by § 2703.” United States v. Matthew, 2019 U.S. Dist. LEXIS 41977 (W.D. La. Mar. 13, 2019).

Defendant waived his Fourth Amendment claims by his guilty plea. The potential Franks claim he mentions wouldn’t be successful nor get a hearing. United States v. Upshaw, 2019 U.S. Dist. LEXIS 40888 (E.D. Cal. Mar. 14, 2019).*