W.D.N.C.: The part of the SW for drugs was severable and without PC; drugs found, however, were in plain view in stolen property search

The affidavit for this search warrant didn’t show probable cause to search for drugs, but it did for stolen property. Severing that part, when the officers searched for stolen property, they found drugs, and they were thus in plain view. Thus, the good faith exception is moot. United States v. Newell, 2021 U.S. Dist. LEXIS 18066 (W.D. N.C. Feb. 1, 2021).

“[L]aw enforcement officers[] discover[ed] during the execution of a search warrant of Petitioner’s home that Petitioner’s computer was logged into the Playpen website as the main administrator …; and a text file found on Petitioner’s computer containing various passwords associated with the Playpen administrator ….” The argument defense counsel was ineffective for not seeking to prove the computer must have been hacked too would not change the outcome. Chase v. United States, 2021 U.S. Dist. LEXIS 18057 (W.D. N.C. Feb. 1, 2021).*

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