Search Warrants and the Seizure of Electronic Devices:

Search Warrants and the Seizure of Electronic Devices

Delays in Searching Seized Electronic Devices

Good Faith Exception to the Exclusionary Rule

(1) An officer’s objective and reasonable (i.e., in “good faith”) reliance upon a subsequently invalidated search warrant, unless the warrant is based on an affidavit so lacking in indicia of probable cause as to render official belief in the existence of probable cause entirely unreasonable, precludes the suppression of the resulting evidence. 

(2)  An unreasonable delay in searching a defendant’s impounded property may result in the suppression of evidence recovered as a result of the search, but only if the delay was result law enforcement’s deliberate, or at least negligent, misconduct.

On October 26, 2016, a “tipster” reported to the Department of Homeland Security (“DHS”) that Royce Jobe (defendant) was growing marijuana at his residence in Van Nuys, California.  The tipster (apparently a neighbor) reached this conclusion from his or her observation of a new “privacy fence” that was built on the property, blocking the view of the detached garage, the strong smell of marijuana emanating from the garage, and increased activity late into the evening, with multiple vehicles and individuals coming and going.  DHS Special Agent Paul Cotcher was assigned to the case on around November 3rd.  Investigating, he determined that the electrical power (registered in someone else’s name) for the house had recently “spiked.”  Surveilling the property, he noted that “PVC piping, planters, and cooling fans” were attached to and around the garage. Agent Cotcher also discovered that defendant had a marijuana business (“420 Boutique”) registered in his name.  He also had prior convictions for possession of a firearm and marijuana.  Agent Cotcher obtained a state-issued search warrant authorizing a search of defendant’s residence and garage, with ....