\u201cThe Court finds both the iCloud and Midwood Lumber Warrants were sufficiently particularized and tethered to the Affidavits’ probable cause showings, thereby meeting the Fourth Amendment’s requirements.\u201d \u2026 \u201c[I]he iCloud Warrant identifies the property to be searched as \u201cinformation associated with\u201d Defendant Motovich’s Apple ID, iCloud Warrant Attach. A-3. Third, both Warrants \u2018specify the items to be seized by their relation to designated crimes,\u2019 Galpin, 720 F.3d at 446, with each warrant providing illustrative categories of items to be seized limited to evidence of the subject offenses. Indeed, those categories are further limited by a requirement that the items seized be limited to a specific time period and involve certain individuals. [\u00b6] Both Warrants satisfy the Fourth Amendment’s particularity requirements set out in Galpin. First, both Warrants \u2018identify the specific offense for which the police have established probable case,\u2019 Galpin, 720 F.3d at 445, with each identifying specific \u2018Subject Offenses\u2019 to which any records seized much relate.\u201d United States v. Motovich, 2024 U.S. Dist. LEXIS 103709 (E.D.N.Y. June 11, 2024).*<\/p>\n\n\n\n
The seizure of defendant\u2019s vehicle for forfeiture was reasonable, and it was included in the indictment. \u201cThe purportedly false statements, which derive from inconsistencies between the two affidavits, are at best, nuanced versions of the same information. The fact that Magistrate Judge Johnstone had both affidavits belies any claim that the subsequent affidavit was intended to or did mislead.\u201d United States v. Acevedo, 2024 U.S. Dist. LEXIS 103448 (D. Conn. June 11, 2024).*<\/p>\n\n\n\n
Defendant\u2019s guilty plea waived his Fourth Amendment claim for appeal. People v. Vega, 2024 NY Slip Op 03145, 2024 N.Y. App. Div. LEXIS 3203 (1st Dept. June 11, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cThe Court finds both the iCloud and Midwood Lumber Warrants were sufficiently particularized and tethered to the Affidavits’ probable cause showings, thereby meeting the Fourth Amendment’s requirements.\u201d \u2026 \u201c[I]he iCloud Warrant identifies the property to be searched as \u201cinformation associated … Continue reading