United States v. Brooks » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

United States v. Brooks

United States v. Brooks

Case Date: 01/27/2014
Citation: United States v. Brooks, No. 3:13–cr–58–J–34JRK, 2014 WL 292194 (Jan. 27, 2014)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: James R. Klindt
Rule(s): 4th Amendment
Issues:

Defendant filed a motion to suppress, alleging that: (1) the warrant was overbroad and insufficiently particular, (2) the warrant was executed unreasonably, and (3) the government did not act in good faith in carrying out the warrant.

Resolution:

The Magistrate recommended that the motion to suppress be denied, and the District Judge accepted. The warrant was not overbroad nor insufficiently particular, as the warrant identified the exact material to be searched for on Defendant’s computer, and the discovery of some innocuous electronic information was inevitable. Further, the warrant was executed reasonably because there was no evidence the five month time period to search Defendant’s computer was purposeful or non-diligent. Additionally, the warrant was not so facially deficient as to put the government on notice that it was invalid, so Defendant’s good faith argument was unsuccessful.

Relevant Documents:

Motion to Suppress (Doc. 39)

Response in Opposition to Motion to Suppress (Doc. 53) 

Report and Recommendations (Doc. 72)

Objections to Report and Recommendations (Doc. 75)

Notice or No Objection (Doc. 76)

Order Adopting Report and Recommendations (Doc. 83)

E-Discovery Issues: Admissibility, Motion to Suppress
E-discovery Tags: IP Address, Preservation and Collection, Sources of ESI
E-discovery subjects: Computer, Hard drive

Published: December 21st, 2017

Category: Uncategorized


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