United States v. Jean, No. 17-2178 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained by a warrant using the Network Investigative Technique (NIT). The court held that defendant's challenge to the NIT warrant was preempted by the court's decision in United States v. Horton, 863 F.3d 1041 (8th Cir. 2017), where the NIT warrant was upheld under the good faith exception to the exclusionary rule. The court also held that the district court did not abuse its discretion by denying defendant's motion to compel disclosure of the complete source code for all software used to identify him.
Court Description: Benton, Author, with Loken and Erickson, Circuit Judges] Criminal case - Criminal law. Defendant's challenge to the Network Investigative Technique warrant under Fed. R. Crim. P. 41(b)(4) was foreclosed by this court's decision in U.S. v. Horton, 863 F.3d 1041 (8th Cir. 2017); the district court did not abuse its discretion by denying defendant's motion to compel disclosure of the complete source code for all software used to identify him.
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