CA8: PC shown for Facebook SW; no suppression just because Facebook produced on the 15th day

Officers had seen photographs on defendant’s Facebook page holding guns, and he was a convicted felon. There was thus probable cause for a search warrant to Facebook to produce the account. The warrant was served on Facebook with a 14 day return. Facebook sent it on the 15th day. Defendant thus argued that Rule 41 was violated. Cases go both ways on when the warrant is “executed”: is it when served on a third party or when the stuff is received? No matter: “We need not resolve definitively whether the warrant for information from Nyah’s Facebook account was executed within fourteen days after the warrant was issued, because any violation of Rule 41 in this case would not call for suppressing the evidence obtained from Facebook. Except when there is a constitutional infirmity, noncompliance with Rule 41 justifies exclusion of evidence ‘only if a defendant is prejudiced or if reckless disregard of proper procedure is evident.’ United States v. Spencer, 439 F.3d 905, 913 (8th Cir. 2006). Neither criterion is satisfied here.” United States v. Nyah, 2019 U.S. App. LEXIS 19087 (8th Cir. June 26, 2019).

This entry was posted in Social media warrants, Warrant execution. Bookmark the permalink.

Comments are closed.