{"id":63833,"date":"2026-04-14T22:34:02","date_gmt":"2026-04-15T03:34:02","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63833"},"modified":"2026-04-15T08:17:08","modified_gmt":"2026-04-15T13:17:08","slug":"d-d-c-it-took-the-govt-years-to-search-defs-computers-and-the-court-has-to-balance-that-huge-delay-with-the-truth-seeking-function-in-resolving-it","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=63833","title":{"rendered":"D.D.C.: It took the govt years to search def&#8217;s computers, and the court has to balance that huge delay with the truth-seeking function in resolving it"},"content":{"rendered":"\n<p>In a fraud case, the government took years to search the computers. A second warrant was obtained for some. The government doesn\u2019t get to undo the delay by a new warrant, but the deterrence rationale of the exclusionary rule applies. The court has to balance the deterrence interest with the truth-seeking function. <a href=\"https:\/\/ecf.dcd.uscourts.gov\/cgi-bin\/show_public_doc?2023cr0123-268\">United States v. Maresca<\/a>, 2026 U.S. Dist. LEXIS 76586 (D.D.C. Apr. 6, 2026).<\/p>\n\n\n\n<p>Defendant was frisked at the time of his stop, but the government won\u2019t be using that, so it\u2019s moot. United States v. Mayorga-Ibarra, 2026 U.S. Dist. LEXIS 79393 (D. Colo. Apr. 9, 2026).*<\/p>\n\n\n\n<p>Defendant\u2019s car was lawfully being towed, so it could be inventoried. United States v. Clayton, 2026 U.S. App. LEXIS 10414 (6th Cir. Apr. 10, 2026).*<\/p>\n\n\n\n<p>Apple\u2019s find app said stolen Airpods were in a house when they were actually outside. Stating what the find app said was not a Franks violation. Briscoe v. St. Louis Cty., 2026 U.S. App. LEXIS 10405 (8th Cir. Apr. 10, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a fraud case, the government took years to search the computers. A second warrant was obtained for some. The government doesn\u2019t get to undo the delay by a new warrant, but the deterrence rationale of the exclusionary rule applies. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=63833\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12,21,39,16],"tags":[],"class_list":["post-63833","post","type-post","status-publish","format-standard","hentry","category-computer-searches","category-franks-doctrine","category-inventory","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63833","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=63833"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63833\/revisions"}],"predecessor-version":[{"id":63838,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63833\/revisions\/63838"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63833"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63833"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63833"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}