United States v. Jobe, No. 18-50204 (9th Cir. 2019)Annotate this Case
The Ninth Circuit reversed the district court's order granting defendant's motion to suppress evidence found on a laptop seized under a State of California warrant and searched under a federal warrant. The panel held that, although there was insufficient probable cause to seize the laptop, the special agent's affidavit supporting the state warrant contained sufficient information to render his reliance on the warrant reasonable.
The panel also held that, even assuming that the 21-day delay between the seizure of the laptop pursuant to the state warrant and the search of the laptop pursuant to the federal warrant was unreasonable, suppression was not warranted where the agent's delay did not evince negligence, let alone deliberate and culpable misconduct. In this case, the agent's good faith efforts complied with the Warrant Clause of the Fourth Amendment and there was no indication that he believed he was depriving defendant of a legitimate possessory interest.