The motion to suppress the search warrant for defendant\u2019s emails is granted. \u201cNothing in the 2013 affidavit used to obtain the search warrant approaches probable cause.\u201d And, \u201cTherefore, the 2013 search warrant affidavit is so lacking in indicia of probable cause that the evidence resulting from it must be suppressed.\u201d There was also false information in the affidavit: \u201cFor those reasons, the Court finds that it must strike the above-described false information and add the above-described omitted facts to the 2013 affidavit to determine probable cause. Because of Agent Boggs’s material false descriptions and omissions, if probable cause does not exist in the modified 2013 affidavit, the good faith exception cannot apply.\u201d A 2015 search warrant was dependent on the first, and it is suppressed as fruit of the poisonous tree. United States v. Asgari, 2018 U.S. Dist. LEXIS 56738 (N.D. Ohio Apr. 3, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"
The motion to suppress the search warrant for defendant\u2019s emails is granted. \u201cNothing in the 2013 affidavit used to obtain the search warrant approaches probable cause.\u201d And, \u201cTherefore, the 2013 search warrant affidavit is so lacking in indicia of probable … Continue reading