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

United States v. Caswell

United States v. Caswell

Case Date: 07/11/2017
Citation: United States v. Caswell, CASE NO: 2:16-cr-134-FtM-29MRM, 2017 WL 3600940 (M.D. Fla. July 11, 2017)
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Mac R. McCoy
Rule(s): 4th Amendment, Fed. R. Crim. P. 41
Issues:

Whether the Network Investigative Technique (NIT) warrant violated Defendant’s Fourth Amendment rights, and whether the NIT warrant was within the scope of the Magistrate’s power.

Resolution:

The Magistrate recommended the motion to suppress be denied. The NIT warrant had been upheld in other courts, and the NIT clearly described the place to be search and items to be seized, thus satisfying the particularity requirement of the Fourth Amendment. Further, Fed. R. Crim. P. 41(b)(4) allows magistrate judges to issue warrants for the installation of a “tracking device,” and the NIT was correctly classified as a tracking device.

Relevant Documents:

Motion to Suppress (Doc. 17)

Response in Opposition to Motion to Suppress (Doc. 22)

Order on Motion to Suppress (Doc. 40)

E-Discovery Issues: Admissibility, Motion to Suppress
E-discovery Tags: IP Address, Preservation and Collection, Privacy, Sources of ESI
E-discovery subjects: Computer, Internet usage, Network Investigative Technique (NIT), Servers

Published: December 21st, 2017

Category: Uncategorized


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