CA2: MLAT treaty search of Netherlands server was a foreign search

El Chapo’s case: The district court was correct in not suppressing telephone calls on a drug cartel network set up in the Netherlands to facilitate their drug trafficking. The information was obtained by an MLAT treaty request, and it was a search in a foreign country complying with their law. Also, defendant doesn’t show standing that he owned the server. He also has no reasonable expectation of privacy in the product of spyware software defendant had put on his girlfriends’ and coconspirator’s phones, even if he could show standing. That information was also turned over to the government from the Netherlands. United States v. Loera, 2022 U.S. App. LEXIS 2182 (2d Cir. Jan. 25, 2022).

“Next, Hudson contends that counsel was ineffective for failing to pursue a motion to suppress and for failing to file objections to certain information in the PSR. Like his first argument, this argument is going nowhere.” The search warrant was supported by clear probable cause from an informant providing detailed information. United States v. Hudson, 2022 U.S. Dist. LEXIS 13091 (N.D.Ind. Jan. 25, 2022).*

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