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

United States v. Lewis

United States v. Lewis

Case Date: 05/06/2019
Citation: 2019 U.S. Dist. LEXIS 103397
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Phillip Lammens
Issues:

Defendant filed a motion to suppress evidence of wire fraud and child pornography due to misrepresentations in the original search order for a phone number and eBay account when it referred to the Defendant as the owner of a company and phone number, thereby invalidating later orders for searching Defendant’s electronic devices. Further, Defendant argues that the computer files should also be suppressed when the search orders did not explicitly state which files were to be seized and only referred to electronic devices and information generally.

Resolution:

The court denied the motion to suppress. The court ruled that the misrepresentations were not made in bad faith based on the officers originally not knowing the identity of the owner and later being told by Verizon that the Defendant operated the number with him being listed as the owner of the company. Further, the general description of the search warrants were constitutional due to he complex nature of wire fraud and electronic communication.

Relevant Documents:

Motion to Suppress and Request for Franks Hearing (Doc. 14)

United States’ Response in Opposition to Defendant’s Motion to Suppress Evidence (Doc. 32)

Report and Recommendation (Doc. 62)

E-Discovery Issues: Motion to Suppress
E-discovery Tags: Privacy, Third Party
E-discovery subjects: Cell phone, Computer, Electronically stored information, Hard drive

Published: November 16th, 2019

Category: Uncategorized


Deprecated: Theme without comments.php is deprecated since version 3.0.0 with no alternative available. Please include a comments.php template in your theme. in /h/cnswww-ediscovery.law/ediscovery.law.ufl.edu/htdocs/wp-includes/functions.php on line 5411

Comments are closed.