United States v. Nyah, No. 17-3730 (8th Cir. 2019)
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The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained from a search of his Facebook account. The court held that the affidavit established probable cause that defendant's Facebook account contained evidence of his possession of firearms as an unlawful drug user and the affidavit also contained evidence that defendant was found in a car emitting an odor of marijuana, with real marijuana in the trunk, during the traffic stop on December 7. Therefore, there was a substantial basis to support the issuing judge's determination of probable cause.
The court also held that defendant failed to make the requisite showing that the warrant was invalid and the district court did not abuse its discretion by denying the Franks claim without a hearing. Finally, the court held that whether the warrant was executed within 14 days of issuance of the warrant need not be resolved because any violation of Federal Rule of Criminal Procedure 41 would not call for suppressing the evidence, as there was no constitutional infirmity. Even if the warrant was executed one day late, probable cause continued to exist. Therefore, the search and seizure was reasonable under the Fourth Amendment.
Court Description: Colloton, Author, with Shepherd and Stras, Circuit Judges] Criminal Case - Suppression. Nyah challenges evidence obtained from a search of his Facebook account. In an affidavit requesting search and seizure warrant for Facebook, Inc., the officer explained multiple instances of Nyad with firearms and drugs on a video and in photographs posted to Facebook. The magistrate judge issued a warrant to Facebook and Facebook turned over the requested material. Nyah was charged and moved to suppress the evidence. He entered a conditional guilty plea, preserving his right to appeal the denial of the motion to suppress. The affidavit established probable cause that the photographs of drugs and firearms were corroborated with evidence of real drugs and firearms; Nyah did not make a showing the affidavits contained false statements and the court did not abuse its discretion by denying the Franks claim without a hearing. Nyah claimed the officers failed to execute the warrant within the 14-day limit under Rule 41. Whether the warrant was executed within 14 days of issuance of the warrant need not be resolved because any violation of Rule 41 would not call for suppressing the evidence, as there is no constitutional infirmity. Probably cause continued to exist. Even if the seizure of evidence occurred on the fifteenth day, the search and seizure was reasonable under the Fourth Amendment. Judge Stras concurs.
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