X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER Before the Court is Lorenzo Bailey’s (“Defendant”) motion to suppress and preclude the contents of two cellphones. Def. Mot., ECF No. 478. For the following reasons, Defendant’s motion is DENIED. BACKGROUND On August 9, 2021, the Honorable Linda T. Walker, United States Magistrate Judge for the Northern District of Georgia, issued a warrant (the “Seizure Warrant”) authorizing the FBI to seize, among other things, two cellphones. Def. Mot. at 4; Def. Mot. Ex. A, Attachment B. The warrant did not permit agents to search the contents of the phones. Id. On August 20, 2021, after the phones were transported to the Eastern District of New York, the Honorable Marcia M. Henry, United States Magistrate Judge for the Eastern District of New York, issued a warrant (the “Search Warrant”) authorizing a search of the phones. Gov. Resp. at 2, ECF No. 479. The Government intends to admit several dozen exhibits from the phones at trial. Id. On October 19, 2022, Defendant Bailey, through his counsel, filed a motion to suppress two of these exhibits. Defendant challenges the probable cause underlying the Seizure Warrant. LEGAL STANDARD “[T]he Fourth Amendment provides that ‘a warrant may not be issued unless probable cause is properly established and the scope of the authorized search is set out with particularity.’” United States v. Galpin, 720 F.3d 436, 445 (2d Cir. 2013) (quoting Kentucky v. King, 563 U.S. 452, 459 (2011)). The probable cause requirement is met “where the totality of circumstances indicates a ‘fair probability that contraband or evidence of a crime will be found in a particular place.’” United States v. Clark, 638 F.3d 89, 94 (2d Cir. 2011) (citing Walczyk v. Rio, 496 F.3d 139, 156 (2d Cir. 2007)). “This required nexus between the items sought and the ‘particular place’ to be searched protects against the issuance of general warrants.” Id. (citing Stanford v. State of Texas, 379 U.S. 476, 481 (1965)). Ultimately, however, “[a]ffidavits in the ‘so lacking in indicia of probable cause’ category are primarily those that are ‘bare bones, i.e., totally devoid of factual circumstances to support conclusory allegations.’” United States v. Shafer, No. 21-1334 CR, 2022 WL 868901, at *2 (2d Cir. Mar. 24, 2022) (summary order) (quoting Clark, 638 F.3d at 103). “[T]he duty of a court reviewing the validity of a search warrant is ‘simply to ensure that the magistrate had a substantial basis for…conclud[ing] that probable cause existed.’” United States v. Rosa, 11 F.3d 315, 326 (2d Cir. 1993) (quoting Illinois v. Gates, 462 U.S. 213, 238-39 (1983) (internal quotation marks omitted)). Indeed, a “magistrate’s determination of probable cause should be paid great deference by reviewing courts.” United States v. Nelson, 828 F. App’x. 804, 806 (2d Cir. 2020) (summary order) (quoting Gates, 462 U.S. at 236) (internal quotation marks omitted). DISCUSSION The motion to suppress must be denied for the same reasons set forth in the Court’s September 14, 2022 Memorandum and Order denying a motion challenging warrants to search and obtain records associated with Defendant Bailey’s social media and iCloud accounts. Mem. & Order at 23-24, ECF No. 330. As an initial matter, Defendant challenges the probable cause underlying the Seizure Warrant but does not challenge the probable cause underlying the Search Warrant. Defendant has presented no evidence to suggest the Search Warrant was invalidly issued or executed. To the extent Defendant argues the contents of the phones must be suppressed because they were derived, ultimately, from an invalid Seizure Warrant, the motion must be denied. Probable cause existed both to seize and to search the cellphones in question. The Seizure Warrant affidavit not only states Defendant had been indicted in the Eastern District of New York in connection with the alleged November 7, 2020 shootings, but it also states that a validly authorized search of Defendant Brown’s cellphone revealed a conversation between Defendants Brown and Bailey. Def. Mot. Ex. A

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›