{"id":64740,"date":"2026-09-01T15:39:54","date_gmt":"2026-09-01T20:39:54","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64740"},"modified":"2026-09-05T15:41:24","modified_gmt":"2026-09-05T20:41:24","slug":"ga-facebook-warrant-was-way-overbroad-and-should-have-been-suppressed-but-harmless-on-whole-record","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64740","title":{"rendered":"GA: Facebook warrant was way overbroad and should have been suppressed, but harmless on whole record"},"content":{"rendered":"\n

The search warrant for defendant\u2019s Facebook account was overbroad where it sought ten months of information where the alleged crime was only over a couple of days and covered \u201cillegal activities.\u201d Despite the illegal search, the conviction is affirmed because it was harmless beyond a reasonable doubt. Plenty of other evidence connected him. Jenkins v. State<\/a>, 2026 Ga. App. LEXIS 419 (Aug. 28, 2026).<\/p>\n\n\n\n

Defendant worked in a convenience store in NYC. He helped customers obtain drug paraphernalia from a nearby shed which led down to a locked basement. His motion to suppress the search of the shed as exceeding the warrant is denied. He makes no attempt to show a reasonable expectation of privacy in it, even after the government pointed it out. United States v. Ali, 2026 U.S. Dist. LEXIS 197041 (S.D.N.Y. Aug. 31, 2026).*<\/p>\n\n\n\n

Defendant\u2019s ten motions to suppress are denied. There was probable cause, nexus, and particularity, and the magistrate was neutral and detached. His Franks motion fails, too. United States v. Oboite, 2026 U.S. Dist. LEXIS 194470 (M.D. Ga. Aug. 28, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The search warrant for defendant\u2019s Facebook account was overbroad where it sought ten months of information where the alleged crime was only over a couple of days and covered \u201cillegal activities.\u201d Despite the illegal search, the conviction is affirmed because … Continue reading →<\/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":[38,7,65,20,118,34],"tags":[],"class_list":["post-64740","post","type-post","status-publish","format-standard","hentry","category-nexus","category-overbreadth","category-particularity","category-probable-cause","category-social-media-warrants","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64740","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=64740"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64740\/revisions"}],"predecessor-version":[{"id":64741,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64740\/revisions\/64741"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64740"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64740"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64740"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}