S.D.N.Y.: Press motion for disclosure of SW affidavit denied because investigation ongoing

“The Reporters Committee for Freedom of the Press (‘RCFP’), claiming rights of access grounded in the common law, asks the Court to unseal documents relating to a search warrant dated November 5, 2021 (the ‘Search Warrant’), which was executed at the residence of James E. O’Keefe, III, the founder and Chief Executive Officer of Project Veritas, in connection with an ongoing federal grand jury investigation (the ‘Motion’).” The government’s claim that the investigation is ongoing and not yet submitted to a grand jury prevails. No disclosure yet. In re Search Warrant Dated November 5, 2021, 2021 U.S. Dist. LEXIS 234234 (S.D.N.Y. Dec. 7, 2021).

The CI provided information about defendant’s drug dealing, and the police surveilled his house. The surveillance essentially corroborated the informant, and the search warrant was issued five days after the tip. There was probable cause for the warrant. United States v. Mitchell, 2021 U.S. App. LEXIS 36064 (6th Cir. Dec. 7, 2021).*

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