03/02/2020 US v. Ganias, 755 F. 3d 125 - Court of Appeals, 2nd Circuit 2014 - Google Scholar On January 5, 2012, the district court (Burns, J.) sentenced Ganias principally to twenty-four months' imprisonment. This appeal followed. Ganias was released pending appeal. DISCUSSION Ganias raises two issues on appeal: first, he contends that his Fourth Amendment rights were violated when the Government seized his personal computer records and then retained them for more than two-and-a-half years; and, second, he contends that he was entitled to a new trial because of the jury's improper use of social media. As to the Fourth Amendment issue, we review the district court's findings of fact for clear error, viewing the evidence in the light most favorable to the Government, and its conclusions of law de novo. United States v. Ramos, 685 F.3d 120, 128 (2d Cir.), cert. denied, ___ U.S. ___, 133 S.Ct. 567, 184 L.Ed.2d 369 (2012). As to the issue of the district court's denial of Ganias's motion for a new trial for alleged juror misconduct, we review for abuse of discretion. United States v. Farhane, 634 F.3d 127, 168 (2d Cir.), cert. denied, ___ U.S. ___, 132 S.Ct. 833, 181 L.Ed.2d 542 (2011). Although we vacate Ganias's conviction on the Fourth Amendment grounds, we address his juror misconduct claim because the increasing popularity of social media warrants consideration of this question. We address the juror misconduct question first, as it presents less difficult legal issues, and we then turn to the Fourth Amendment question. A. Juror's Improper Use of Social Media 1. Applicable Law Defendants have the right to a trial "by an impartial jury." U.S. Const. amend. VI. That right is not violated, however, merely because a juror places himself in a "potentially compromising situation." United States v. Aiello, 771 F.2d 621, 132 629 (2d Cir.1985), abrogated on other grounds by Rutledge v. United States, 517 *132 U.S. 292, 116 S.Ct. 1241, 134 L.Ed.2d 419 (1996); see also Smith v. Phillips, 455 U.S. 209, 217, 102 S.Ct. 940, 71 L.Ed.2d 78 (1982) ("[I]t is virtually impossible to shield jurors from every contact or influence that might theoretically affect their vote."). A new trial will be granted only if "the juror's ability to perform her duty impartially has been adversely affected," Aiello, 771 F.2d at 629, and the defendant has been "substantially prejudiced" as a result, United States v. Fumo, 655 F.3d 288, 305 (3d Cir.2011). Although courts are understandably reluctant to invade the sanctity of the jury's deliberations, the trial judge should inquire into a juror's partiality where there are reasonable grounds to believe the defendant may have been prejudiced. United States v. Schwarz, 283 F.3d 76, 97 (2d Cir.2002); United States v. Sun Myung Moon, 718 F.2d 1210, 1234 (2d Cir.1983). That inquiry should end, however, as soon as it becomes apparent that those reasonable grounds no longer exist. See Sun Myung Moon, 718 F.2d at 1234. B. Application A juror who "friends" his fellow jurors on Facebook, or who posts comments about the trial on Facebook, may, in certain circumstances, threaten a defendant's Sixth Amendment right to an impartial jury.[4] Those circumstances, however, are not present here. The district court inquired into the matter and credited Juror X's testimony that he deliberated impartially and in good faith. The district judge's credibility determination was not clearly erroneous, and thus she did not abuse her discretion in denying the motion for a new trial. This case demonstrates, however, that vigilance on the part of trial judges is warranted to address the risks associated with jurors' use of social media. The Third Circuit has endorsed the use of jury instructions like those proposed by the Judicial Conference Committee on Court Administration and Case Management. See Fumo, 655 F.3d at 304-05. We do so as well. The Committee proposes that, before trial, the district judge give an instruction that includes the following: I know that many of you use cell phones, Blackberries, the internet and other tools of technology. You also must not talk to anyone about this case or use these tools to communicate electronically with anyone about the case. This includes your family and friends. You may not communicate with anyone about the case on your cell phone, through e-mail, Blackberry, iPhone, text messaging, or on Twitter, through any blog or website, through any internet chat room, or by way of any other social networking websites, including Facebook, My Space, LinkedIn, and YouTube.[5] https://scholar.google.com/scholar_case?case=16926744034394821172&hl=en&as_sdt=6&as_vis=1&oi=scholarr 4/11