CA2: 31 day delay in getting SW for computer after seizure was unreasonable under 4A

“Following the district court’s hearing and ruling that the delay was not unreasonable, the appeal has been restored to this panel. We now rule that the police delayed unreasonably long in violation of the Fourth Amendment when they waited without good cause for 31 days to seek a search warrant after seizing Smith’s tablet computer. We conclude, however, that the exclusionary rule does not apply because the police’s unreasonable delay was due to isolated negligence and because an objectively reasonable police officer would not have known that the delay amounted to a violation of the Fourth Amendment in light of then-existing precedent.” United States v. Smith, 2020 U.S. App. LEXIS 23774 (2d Cir. July 28, 2020).

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