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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.

25-CR-89 USA v. Hannah Dugan

25-CR-89 USA v. Hannah Dugan

Decision and Order

The court denied the defendant’s motion to dismiss. The court concluded that the defendant failed to establish absolute judicial immunity for the acts alleged in the indictment. The court further concluded that the Tenth Amendment did not preclude the charges. Finally, the court determined that the canon of constitutional avoidance was inapplicable.

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