United States v. Bouknight

The Defendant filed a motion to suppress historically stored data from his cellphone. The Defendant argued that the search warrant lacked probable cause that connected the phone number to him. Additionally, the Defendant argued that the search exceeded the scope of the warrant when the officer collected cellphone data from days not stated in the warrant. Judge Howard had referred the motion to Judge Monte Richardson who recommended denying the motion.

The court adopted the Report & Recommendation of Judge Monte Richardson and denied the motion in part and granted in part. The court held that the officers’ had sufficient probable cause after viewing text messages setting up a drug transaction between the Defendant and a deceased customer. Further, the court held that the issue of connecting the Defendant to the number is an issue for trial and not pertinent for the finding of probable cause. Lastly, the court excluded the data for the days not specified in the warrant, holding that the value deterring such misconduct outweighed the value in admitting the evidence.

Defendant’s Motion to Suppress Historically Stored Data (Doc. 25)

Government’s Response to Motion to Suppress Historically Stored Data (Doc. 31)

Report and Recommendation Regarding the Motion to Suppress (Doc. 39)

Order (Doc. 59)