United States v. Lewis

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.

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.

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)