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Lynn Adelman

24-CR-164 USA v. Peter Braun

24-CR-164 USA v. Peter Braun

Decision and Order

The court granted the defendant’s motion to suppress. The court determined that the “private search” doctrine did not authorize law enforcement to conduct a warrantless examination of the contents of a digital file forwarded by an electronic service provider (“ESP”) where the ESP had not visually inspected the contents of that file. The court further determined that the “good faith” doctrine, recognized in Davis v. United States, 564 U.S. 229 (2011), did not apply under these circumstances.

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