Defendant gave consent to Army CID at Ft. Lejeune to look in Facebook Messanger to investigate a theft where defendant was the alleged victim. The CID investigator went into the phone and searched 43,000 thumbnail images hoping to find child pornography, and he found one. The search of the phone violated the scope of consent, and it is suppressed. United States v. Crocker, 2020 CCA LEXIS 80 (N.-M. Ct. Crim. App. Mar. 16, 2020).
An undocumented defendant was belatedly charged with reentry after deportation, a common case in that district. The delay was attributable to the government, and the defendant was granted bail but not released. “In short, the court finds that all the factors set forth in 18 U.S.C. § 3162(a)(2) weigh in favor of dismissal of the Indictment with prejudice.” United States v. Hernandez, 2020 U.S. Dist. LEXIS 45529 (C.D. Cal. Feb. 20, 2020).*