D.Mass.: 15 month delay in getting SW for cell phone seized with PC was unreasonable, but GFE applies

The 15-month delay between seizure of a cell phone with probable cause is was unreasonable, applying United States v. Smith, 967 F.3d 198, 202 (2d Cir. 2020). However, the court finds that the good faith exception applies, and the court will not suppress. United States v. Berroa, 2021 U.S. Dist. LEXIS 7947 (D. Mass. Jan. 15, 2021):

Following consideration of the factors discussed above, the Court concludes as follows regarding the reasonableness of the delay before procuring a warrant: under the facts of this case, fifteen months was an unreasonable delay even accepting that (1) the Phone was lawfully seized, (2) the Government had a legitimate interest in conserving its resources by delaying searches that might never be necessary, (3) Defendant did not request the Phone’s return, and (4) Defendant was only marginally prejudiced. The Government cannot justify a failure to comply with the dictates of the Fourth Amendment based solely on vague claims about resources.

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