Officers got a valid warrant for defendant\u2019s car for evidence linked to a shooting. In the car they found a digital camera, and they looked at pictures. Then they got a warrant for the camera, opining that there might be evidence on the camera. There was no showing of any reason to believe evidence would be found on the camera. The good faith exception was also inapplicable. United States v. Alkhaldi, 2012 U.S. Dist. LEXIS 158870 (E.D. Ark. September 18, 2012), adopted 2012 U.S. Dist. LEXIS 158874 (E.D. Ark. November 6, 2012):<\/p>\n
In this instance, the LRPD detective’s declaration in the affidavit that “[i]t is believed that this camera is now concealing possible evidence of a crime” could not have been made without his premature and undisclosed search of the camera. Without that initial unauthorized search of the camera, his truthful representation to the issuing judicial officer would have been consistent with his testimony at the suppression hearing, that being, he did not suspect that there would be evidence in the camera until he looked in it. Under the state of facts, as the detective knew them to be, his belief in the existence of probable cause was entirely unreasonable.<\/p>\n
The motion to suppress the evidence obtained from the execution of the car warrant should be denied. See Document 25. The motion to suppress the evidence obtained from the execution of the camera warrant, though, should be granted. See Document 16. Alkhaldi’s supplemental motion to suppress should be denied as moot. See Document 17.<\/p><\/blockquote>\n
[Disclaimer: My case. Government didn’t object to R&R, which was adopted yesterday. JT Tuesday.]<\/p>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading