SA, DEFENDANT WITH ATTY WYKOFF. COURT HEARS DEFENDANT'S MOTION TO SUPPRESS. COURT HEARS THE ARGUMENTS OF THE PARTIES. COURT NOTES THE FACTUAL BASIS IS AS FOLLOWS: A WARRANT WAS ISSUED ON 3/21/2018 TO SEIZE ANY AND ALL COMPUTER EQUIPMENT CONTAINED AT THE DEFENDANT'S RESIDENCE. THOSE COMPUTERS AND ITEMS SEIZED WERE TURNED OVER TO FBI ON 4/04/2018. ON 4/16/2018 THE STATE DISMISSED THE PRIOR CHARGES AND QUASHED ALL WARRANTS (EXHIBIT I). THEREAFTER THE FBI CONDUCTED A INVENTORY OF THOSES ITEMS ON 4/16/2018 AND THEN SEARCHED THOSE ELECTRONIC DEVICES THREE DAYS AFTER THAT AND FOUND EVIDENCE IN QUESTION 7 DAYS AFTER THE WARRANTS HAD BEEN QUASHED. A FEDERAL WARRANT WAS THEN SOUGHT 2 YEARS LATER. COURT FIRST FINDS AFTER 4/16/2018 WHEN THE CASE WAS DISMISSED AND SPECIFICALLY THE WARRANT WAS QUASHED THE FBI DID NOT HAVE LAWFUL AUTHORITY TO RETAIN THESE ITEMS LET ALONE TO BEGIN A SEARCH OF THOSE ITEMS 3 DAYS LATER AND SUBSEQUENTLY FINDING EVIDENCE 7 DAYS LATER IS A CLEAR VIOLATION OF THE DEFENDANT'S 4TH AMENDMENT RIGHTS. MOTION TO SUPPRESS IS GRANTED AND CASE IS DISMISSED.
COURT ORDERS ANY REMAINING BALANCE BE REFUNDED MINUS CLERKS FEES.
COURT ORDERS ANY REMAINING BALANCE BE REFUNDED MINUS CLERKS FEES.