D.N.M.: Tracing IP address to def does not require affiant exclude all other Internet users in area

Defendant was charged with stalking a former boss. A disguised email was traced by metadata to defendant’s router. His computer was searched, and the email was found. The question of probable cause for the search warrant does not require the government to exclude all other Comcast users in the area. The question is fair probability evidence will be found. United States v. Bandy, 2021 U.S. Dist. LEXIS 22238 (D. N.M. Feb. 5, 2021).

There was an omission from the affidavit for the warrant, but it was not shown to be material to the finding of probable cause. State v. Rivera, 2021 Del. Super. LEXIS 106 (Feb. 4, 2021).*

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