D.Nev.: A website’s cookies linked def’s personal email address for nexus

In a criminal copyright case, cookies on website led to defendant’s business and personal email accounts, and that gave nexus to them for the warrant. “Under the totality of the circumstances, the Court finds that the search warrant reveals a fair probability that evidence of a crime related to the operation of Jetflicks would be found within the contents of Mr. Dallmann’s personal email. account.” United States v. Dallmann, 2024 U.S. Dist. LEXIS 93779 (D. Nev. May 25, 2024).

The fact a brief entry into defendant’s hotel room didn’t reveal a gun was not material for the later search warrant where there was probable cause. Shots were fired from the room, a clip was found, and there appeared to be bullet holes in the window. United States v. Thomas, 2024 U.S. Dist. LEXIS 93670 (N.D. Ga. May 25, 2024).*

There were two search warrants for defendant’s cell phone, and they were issued with probable cause. The time frame of the first showed email chains starting before the start time. They were permitted to seek a second warrant to get the whole email chain starting a week earlier. “In my view, this extra week constitutes a reasonably limited ‘look back’ period for police to investigate the nature of Defendant’s relationship with the victim in the leadup to her death. The warrant appropriately ends the time period to coincide with the date when Defendant was taken into police custody.” State v. Riley, 2024 Del. Super. LEXIS 414 (May 22, 2024).

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