Defendant’s phone has been in the hands of the government for many months, but defendant refused to provide the password to access the phone. That justifies the delay in the government accessing the phone. The motion for return of property or to stop attempting to get into the phone is denied. United States v. Cantoni, 2019 U.S. Dist. LEXIS 50722 (E.D. N.Y. Mar. 27, 2019).
Plaintiff claimed a clear misstatement of fact to obtain a search warrant for his house which the District Court found a factual dispute for and denied summary judgment. This is not a proper basis for an interlocutory appeal. Brubaker v. City of Tucson, 2019 U.S. App. LEXIS 9130 (9th Cir. Mar. 27, 2019).*