- UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
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- CRIMINAL ACTION NO. 1:15-CR-00338-MHC-CMS (N.D. Ga. May 05, 2016)
UNITED STATES V. CAPOTE
CATHERINE M. SALINAS United States Magistrate Judge
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
On September 8, 2015, a Grand Jury sitting in the Northern District of Georgia returned a 35-count indictment against six individuals for alleged illegal activities designed to defraud cellular device providers. [Doc. 1]. Defendant Alfredo Capote ("Defendant") is charged in thirteen of the counts with the following: conspiracy to commit wire fraud (Count 1); six counts of wire fraud (Counts 3-8); two counts of mail fraud (Counts 16-17); and four counts of money laundering (Counts 18-21). [
Id.]. The indictment also contains a forfeiture provision that applies to Defendant. [
Id. at 15].
This matter is before the Court on Defendant's Motion to Suppress [Doc. 64] in which he claims that a search warrant for certain email accounts did not satisfy the particularity requirement of the Fourth Amendment.
BACKGROUND
On March 31, 2014, United States Magistrate Judge Russell G. Vineyard issued a search warrant authorizing the search for information associated with three email addresses that were stored at premises owned, maintained, controlled, or operated by Google, Inc, ("Google"), 1600 Amphitheatre Parkway, Mountain View, California, 94043. [Doc. 64-1 at 2]. The affidavit supporting the warrant described a mail and wire fraud scheme where suspects filed false claims with a cellular phone insurance company to fraudulently obtain cellular phones. [
Id. at 8-12]. The affidavit explained that the three email accounts were used in filing false cellular phone insurance claims. [
Id. at 12-15]. The warrant described the particular things to be seized in two parts. First, the warrant identified information that Google was required to disclose including the content of all emails, information regarding the identification of the account, other information stored by any individual using the account, and records pertaining to communications between Google and any person regarding the account.