{"id":53251,"date":"2022-09-29T07:59:26","date_gmt":"2022-09-29T12:59:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53251"},"modified":"2022-09-29T08:43:36","modified_gmt":"2022-09-29T13:43:36","slug":"s-d-n-y-court-has-no-jurisdiction-to-interfere-with-a-laptop-search-initiated-in-a-other-district","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53251","title":{"rendered":"S.D.N.Y.: Court has no jurisdiction to interfere with a laptop search initiated in another district"},"content":{"rendered":"\n<p>\u201cThe Court will not interfere with the Government&#8217;s review of the laptop pursuant to a search warrant obtained from a different Court &#8212; except to require the Government to submit a status update no later than October 28, 2022. As for the conditions and restrictions proposed by the Government with respect to a replacement laptop, Defendant has the choice: to accept those conditions and restrictions or to wait until the Government&#8217;s review has been completed (and accept that that will delay preparation and adjudication of his post-trial motions). Even with those conditions and restrictions, providing a laptop to Defendant goes far beyond what the law requires for any defendant &#8211; let alone a defendant who has been convicted of various computer-related offenses and may well have violated prior Court orders with respect to the use of the laptop given to him to prepare for trial.\u201d United States v. Schulte, 2022 U.S. Dist. LEXIS 172966 (S.D.N.Y. Sep. 20, 2022).*<\/p>\n\n\n\n<p>The only testimony in the record was that which was credited by the trial court on the motion to suppress: Defendant was weaving, and that supported the stop. State v. Bradley, 2022-Ohio-3352, 2022 Ohio App. LEXIS 3160 (6th Dist. Sep. 23, 2022).*<\/p>\n\n\n\n<p>Defense counsel didn\u2019t file a motion to suppress. It would have been denied if he did. That\u2019s not ineffective assistance of counsel. State v. Loper, 2022 Del. Super. LEXIS 383 (Sep. 21, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThe Court will not interfere with the Government&#8217;s review of the laptop pursuant to a search warrant obtained from a different Court &#8212; except to require the Government to submit a status update no later than October 28, 2022. As &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=53251\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[66,23,126],"tags":[],"class_list":["post-53251","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-ineffective-assistance","category-issue-preclusion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53251","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=53251"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53251\/revisions"}],"predecessor-version":[{"id":53259,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53251\/revisions\/53259"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53251"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53251"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53251"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}