CA4: GFE doesn’t save search that wasn’t even authorized by the SW

The cell phone warrant here only authorized its seizure, not its search. Therefore, the good faith exception doesn’t even apply to save the search. United States v. Ray, 2025 U.S. App. LEXIS 13483 (4th Cir. June 3, 2025). In sum:

In October 2022, investigators with the Naval Criminal Investigation Service (“NCIS”) obtained a military warrant to seize the cell phone of Joshua Lee Ray (“Appellee”) — but not to search it. In contravention of the express terms of that warrant, the investigators searched Appellee’s phone and found evidence of child sexual abuse material. Appellee moved to suppress the evidence, arguing that the search violated the Fourth Amendment because the warrant did not authorize the NCIS to search his phone. The district court granted Appellee’s motion.

The Government appeals, conceding the warrant did not authorize the NCIS to search Appellee’s phone, the NCIS had not received verbal authorization to search Appellee’s phone, and the warrant did not incorporate an affidavit that requested authorization to search Appellee’s phone. Despite all of this, the Government argues the search was justified pursuant to the good faith exception.

We hold that the Government may not rely on the good faith exception because the warrant was not deficient. As is plain to anyone who reads the warrant, it simply did not authorize the NCIS to search Appellee’s cell phone.