Summary: The defendant moved to suppress evidence obtained as a result of a search warrant. The defendant contends (1) that probable cause was not established for the issuance of a search warrant because the allegedly illegal images, or at least a specific description of the images, were not included with the search warrant application, and (2) that the search of the defendant’s computer and electronic storage media was in violation of Rule 41(e)(2)(A) of the Federal Rules of Criminal Procedure. The Court denied the motions, finding that based on the totality of the circumstances there was probable cause to issue a search warrant, and that the forensic analysis of the electronic equipment was done within a reasonable amount of time not in violation of Rule 41(e)(2)(A).
Case Name: USA v. Chad Allen Mutschelknaus
Case Number: 1-08-cr-17
Docket Number: 32
Date Filed: 7/9/08
Nature of Suit:
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
United States of America,
Chad Allen Mutschelknaus,
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) ) ORDER DENYING DEFENDANT’S ) MOTIONS TO SUPPRESS ) ) Case No. 1:08-cr-17 ) ) ) ) ) |