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: | |
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 |