S.D.N.Y.: Late return of SW materials in discovery wasn’t at all prejudicial

The return of the search warrant materials was late, but defendant shows no prejudice, and he had them in discovery. United States v. Lesane, 2021 U.S. Dist. LEXIS 137777 (S.D.N.Y. July 23, 2021).

Defendant’s discovery claim that the government must have installed malware on his computer in violation of the Fourth Amendment to discover his IP is purely speculative and doesn’t merit relief. United States v. Bateman, 2021 U.S. Dist. LEXIS 135091 (D. Mass. July 20, 2021)

State’s attorney’s subpoena duces tecum for materials for trial preparation returnable in court and pursuant to state statute was not a violation of the Fourth Amendment. Subpoena Duces Tecum v. Reardon, 2021 Ill. App. Unpub. LEXIS 1232 (July 22, 2021) (unpublished).

The consenter had actual or apparent authority to consent, and defendant didn’t contest that assertion. He had joint access and control. United States v. McDonald, 2021 U.S. Dist. LEXIS 137653 (C.D.Ill. July 23, 2021).*