United States v. Eldred, No. 17-3367 (2d Cir. 2019)Annotate this Case
The Second Circuit affirmed the district court's denial of defendant's motion to suppress after he pleaded guilty to knowingly accessing child pornography. Defendant argued that the warrant that authorized the use of a government search program called the Network Investigative Technique was invalid.
The court agreed with the district court that, regardless whether the warrant violated Federal Rule of Criminal Procedure 41(b) and the Federal Magistrates Act, 28 U.S.C. 636, and whether such violations are also violative of the Fourth Amendment, law enforcement officers acted in good faith in applying for and carrying out the warrant.
The court issued a subsequent related opinion or order on August 9, 2019.