W.D.N.Y.: State SW issued for violation of state statute under federal injunction since 1997 should be suppressed

Defendant was federally indicted for possession of child pornography after a state search warrant for violation of state law. There was, however, a federal injunction from 1997 prohibiting prosecutions under a particular New York statute, but at least 11 people were still prosecuted under it. The search warrant here was issued by a town justice for alleged violation of the statute. No attempt was apparently made to inform law enforcement of the injunction, and the search warrant should be suppressed on that ground. If the USDJ declines that, the USMJ turns to the merits: The events here started with a knock and talk about child pornography, and it turned into a seizure of defendant’s computer on exigent circumstances and probable cause. Then, a search warrant was applied for to search the computer, and there was probable cause and the good faith exception would apply to the warrant. United States v. Stroke, 2019 U.S. Dist. LEXIS 74359 (W.D. N.Y. May 2, 2019).*

The CI’s information about defendant using the CI’s car to make gun runs to acquire firearms was corroborated [note how the CI identified himself to the defendant]. In addition, when the car was stopped, defendant had a telltale bulge of a gun on him and a joint over his ear. There was then probable cause to search. United States v. Miles, 2019 U.S. Dist. LEXIS 73297 (E.D. Va. Apr. 30, 2019).*

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