United States Second Circuit

Conviction of tax evasion, in violation of 26 U.S.C. section 7201, is affirmed, over defendant's Fourth Amendment claim that the Government retained non-responsive data on mirrored hard drives acquired pursuant to a 2003 search warrant in violation of the Fourth Amendment and that evidence acquired pursuant to a 2006 search of that data should thus have been suppressed, where: 1) the Government relied in good faith on the 2006 warrant and that this reliance was objectively reasonable; and thus 2) the Court need not decide whether retention of the forensic mirrors violated the Fourth Amendment.

Appellate Information

• Published 2016/05/27

Judges

• LIVINGSTON and LYNCH

Court

• United States Second Circuit

Counsel