Defendant was employed by the Miami-Dade Police Department and worked in the armory. She was suspected of falsifying police reports to get her husband fired from his job. When investigators went to her work computer, her personal flash drive was plugged in to it. Her computer had a banner on the screen warning of a lack of privacy and the password was written on the desk blotter but still accessed by the investigators password. The flash drive was part of the computer when her work computer was searched. Other jurisdictions facing the same question have already so held. Edwards v. State, 2019 Fla. App. LEXIS 10021 (Fla. 3d DCA June 26, 2019).
Removing a challenged assertion from the affidavit in a Franks challenge leaves probable cause no matter what, so it doesn’t need to be analyzed at all. A cell phone reasonably suspected of being evidence in the case can be seized when in plain view during a protective sweep. United States v. Kidd, 2019 U.S. Dist. LEXIS 106892 (S.D. N.Y. June 26, 2019).