Officers came to arrest defendant for bank fraud and they knew that defendant used a computer as an instrumentality of the crime. They seized his laptop in plain view when making the arrest, and they applied for a search warrant 19 days later. The seizure of the laptop to preserve it and the 19 day delay were not unreasonable under the circumstances. United States v. Camp, 2012 U.S. Dist. LEXIS 5878 (E.D. N.C. January 18, 2012):<\/p>\n
Insofar as Defendant has contended that the nineteen day delay between the seizure of Defendant’s laptop computer and Agent Spears’ application for a search warrant was unreasonable, the Court finds this argument to be without merit. “[E]ven a seizure based on probable cause is unconstitutional if police act with unreasonable delay in securing a warrant.” United States v. Martin<\/a>, 157 F.3d 46, 54 (2nd Cir. 1998). In determining whether a delay is reasonable, a court must consider all of the facts and circumstances surrounding the delay in each particular case. United States v. Mitchell<\/a>, 565 F.3d 1347, 1351 (11th Cir. 2009) (citation omitted).<\/p>\n
The Government has asserted that, during the delay, Agent Spears prepared a draft application for review by the Office of the United States Attorney while simultaneously working on other investigations and arrests. Ultimately, Agent Spears submitted a seventeen page affidavit in support of his application that contained detailed descriptions and statements. Defendant has not pointed to any basis, other than the mere lapse of time, that would support a finding that the delay was unreasonable. Although Defendant’s possessory interest in his laptop computer was substantial, the Court finds that there was a compelling justification for the delay in applying for a search warrant such that evidence seized from Defendant’s laptop computer should not be suppressed. See Id. (discussing the court’s role in weighing the possessory interest in the item seized against the justification for delay offered by the government).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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