N.-M.: Broad cellphone search authorization was narrowed to emails and text messages and was particular

The command authorization for a search of defendant’s iPhone was reasonable and limited to files of emails, text messages, and search history as to his extramarital affairs before and after his wife’s death. A video found in an email was properly seized. “Even assuming arguendo the TRNGCMD Commander lacked either control over the place where the phone was situated or probable cause to issue the CASS, we conclude the search and seizure of this evidence fall within the good faith exception to the exclusionary rule. Under this exception, evidence obtained as a result of an otherwise unlawful search or seizure may be used if: …. Mil. R. Evid. 311(c)(3). All three of these conditions are satisfied here.” “The CASS, while broadly worded in its technical approach, was nevertheless tailored to the specific crimes the investigation had brought to light, based on the involvement of cell-phone communications and cell-phone-based internet searches in connection with those crimes.” There is no deterrent value in exclusion here. United States v. Irvin, 2020 CCA LEXIS 452 (N.-M. Ct. Crim. App. Dec. 17, 2020).*

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