| United States v. Rodriguez, 2:10-CR-235 JCM (PAL) (Nev. 1-18-2011) |
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Motion to Suppress Granted in Part and Denied in Part -- A search warrant was issued authorizing law enforcement agents to search for and seize evidence relating to two separate alleged crimes: drug trafficking and the manufacture of explosive devices. During the execution of the warrant, agents located and seized three marijuana pipes and three Dell computers. Defendant moved to suppress the computers, arguing that there was no probable cause for the search relating to drug trafficking. A U.S. magistrate agreed, and recommended that the computers be suppressed. On appeal to the district court, the government argued that the computers were actually seized by ATF special agents and a bomb squad, and or in the alternative, were admissible under the inevitability exception. The district court agreed with the magistrate that seizure of computers was not authorized under the portion of the search warrant dealing with explosives, since the categories of items listed did not specifically encompass computers or other electronic devices. However, the district court agreed with the government that the computers would have been discovered lawfully, since agents knew that defendant had purchased explosive components over the Internet, and that agents found print-outs of Internet information relating to bomb-making. As a result, agents inevitably would have located and seized the computers without relying on any aspect of the illegal search. The district court ruled that evidence for the computers could be admitted solely in connection with the bomb-making charge. |
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