Case 4:16-cr-40070-KES Document 262 Filed 02/17/17 Page 8 of 11 PageID #: 900
II.
Whether Agent Fair knew about the Beadle County warrant is not
relevant.
The government objects to Magistrate Judge Duffy’s conclusion that
“Agent Fair cannot be said to have acted pursuant to a search warrant . . . .”
Docket 255 at 2; Docket 251 at 15. The government, however, introduced no
evidence that Agent Fair knew about the warrant. But even if Agent Fair was
aware of the Beadle County warrant, the warrant was limited to a search for
evidence relating to the counterfeiting charges, and “a reasonable officer who
read the search warrant would have known that.” Docket 251 at 20. Thus, at
best, the government’s position is that Agent Fair knew about the Beadle
County search warrant and disregarded its parameters. Under either fact
scenario— Agent Fair knew about the warrant or did not know about the
warrant—a “reasonably well-trained officer would have known that the search
was illegal despite the issuing judge’s authorization.” Docket 251 at 19-20
(citing United States v. Hudspeth, 525 F.3d 667, 676 (8th Cir. 2008).
III.
The plain view exception does not apply to this case.
The government “objects to the conclusion that the plain view exception
is not applicable [to this case].” Docket 255 at 3. In Horton v. California, 496
U.S. 128, 135 (1990), the United States Supreme Court explained that the
plain view doctrine applies when law enforcement has a prior justification for a
search and inadvertently comes across a piece of incriminating evidence. As
explained above, Agent Fair’s search of the complete, unsegregated iPhone data
lacked a sufficient justification. Thus, the plain view doctrine does not apply.
The government’s objection on this point is overruled.
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