Background
Homeland Security Investigations agents obtained a search warrant for a specific Apple iPhone 6s with a unique IMEI number based on an investigation into child pornography. Upon executing the warrant, agents seized an iPhone 13 Pro Max belonging to the same user but a different model. The agents searched the iPhone 13 without clarifying the discrepancy, finding child pornography files. The district court suppressed the evidence, ruling that the good faith exception did not apply because the agents knew they had seized the wrong device.
The court’s reasoning
The court analyzed whether the good faith exception to the exclusionary rule applied. The court found that the warrant unambiguously described the iPhone 6s as the device to be searched. The agents knew immediately upon seizure that the device was an iPhone 13, yet they failed to ask clarifying questions or obtain a new warrant. The court concluded that the agents did not act with objective good faith because they proceeded to search a device they knew was not covered by the warrant without resolving the discrepancy.
We conclude that the government has not met its burden of establishing objective good faith.
United States v. Gonzalez-Arocho, No. 25-1041 (1st Cir. July 9, 2026)
What it means going forward
Law enforcement officers must ensure that the physical device seized matches the description in the warrant. If a different device is seized, officers must clarify the discrepancy before searching to avoid suppression of evidence under the exclusionary rule.