United States v. Bershchansky, No. 13-3145 (2d Cir. 2015)
Annotate this CaseDefendant was charged with one count of possessing child pornography. On appeal, the government challenged the district court's grant of defendant's motion to suppress evidence on the grounds that law enforcement agents exceeded the scope of the warrant when they searched an apartment other than the one approved by the magistrate judge. The court affirmed, concluding that the search of defendant's apartment was not objectively reasonable and that the agents could not have relied on the warrant in good faith. Further, the court held that the benefits of deterring the agentsʹ unlawful conduct outweigh the costs of suppressing the evidence obtained.
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