The state obtained phone records by search warrant which defendant claimed was without probable cause. The federal government also got a search warrant for the same records from the state, and it showed probable cause. That was via independent source. But, the records were not protected by the Fourth Amendment, and then it wasn’t used in the prosecution, so it’s moot. United States v. Aloba, 2022 U.S. App. LEXIS 6751 (9th Cir. Mar. 16, 2022).
The search warrant for defendant’s email account in this fraud case was with probable cause. There was no showing of a material misrepresentation in the delayed notice application under § 2705(b). United States v. Kornaker, 2022 U.S. Dist. LEXIS 46093 (W.D.N.Y. Mar. 15, 2022).*
Defendant’s search suppression argument focused on a Miranda kind of issue, not probable cause which was unmentioned, so probable cause was waived for appeal. State v. Gales, 2022-Ohio-776, 2022 Ohio App. LEXIS 697 (9th Dist. Mar. 16, 2022).*