\u201cThe Court agrees with the Magistrate Judge’s determination that the SCA provided authority for the search authorized by Magistrate Judge Smith. See United States v. Berkos, 543 F.3d 392, 398 (7th Cir. 2008) (geographic limitation of Rule 41(b) does not apply to warrants under the SCA).\u201d United States v. Mozee, 2016 U.S. Dist. LEXIS 89898 (N.D.Ga. July 12, 2016).<\/p>\n
The government already has probable cause for a DNA test from another, so this is confirmatory. Even if this one is suppressed, the other isn\u2019t. The court doesn\u2019t put much stock in the defendant\u2019s argument the test is a subterfuge for another investigation. United States v. Knight, 2016 U.S. Dist. LEXIS 90644 (E.D.Mich. July 13, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cThe Court agrees with the Magistrate Judge’s determination that the SCA provided authority for the search authorized by Magistrate Judge Smith. See United States v. Berkos, 543 F.3d 392, 398 (7th Cir. 2008) (geographic limitation of Rule 41(b) does not … Continue reading