Case Summaries: Fourth Circuit Court of Appeals (Feb. 2023)

This post summarizes published criminal and related decisions released by the Fourth Circuit Court of Appeals during February 2023. Cases that may be of interest to state practitioners are summarized monthly. Previous Fourth Circuit case summaries can be found here. Search warrant for digital devices in electronic threats case was properly tailored to the defendant’s property and established a nexus between the crime under investigation and the items to be seized; denial of motion to suppress affirmed U.S. v. Sueiro, 59 F.4th 132 (Feb. 3, 2023). In this case from the Eastern District of Virginia, the defendant (a disgruntled former security officer) threatened to kill a former coworker through multiple emails and was arrested under a state threats law. While the defendant was in custody, police obtained a search warrant for his home. The warrant specifically authorized the seizure of any cell phones, computers, or other digital evidence, along with any firearms or “ballistic equipment.” Three laptops and three external hard drives were seized, and officers obtained new search warrants to examine those devices for evidence of the threats. During that search, an officer discovered apparent child pornography. Yet another search warrant was obtained to search the devices for evidence of that crime. The Government ultimately indicted the defendant for numerous child pornography offenses. He moved to suppress, arguing that the first warrant for his home was invalid. The district court denied the motion and the defendant was convicted of all counts at trial. The defendant argued on appeal the initial [...]