In re Search Warrant for 1832 Candia Road, Manchester, New Hampshire

Richard Exline appealed a circuit court order denying his motion for the immediate return of seized property on the ground that the affidavit supporting the search warrant under which the seizure occurred failed to establish probable cause. In March 2017, a warrant was issued to search “any computer, computer system, mobile digital device, camera, router, wi-fi device, cellular telephone, smart phone, [and] commercial software and hardware” located at 1832 Candia Road in Manchester, New Hampshire (Exline’s residence). The warrant stated that there was probable cause to believe that the property so described was relevant to the crimes of identity fraud, and tampering with public or private records. The affidavit submitted in support of the warrant application avers that, on August 5, 2016, the affiant, a state police detective, received an e-mail message from the assistant commissioner for the New Hampshire Department of Safety (DOS) regarding e-mail messages that had been received by State of New Hampshire officials and employees. The assistant commissioner was concerned that there had been a “cyber-attack.” Based upon the totality of the circumstances as reflected in the circuit court record, the New Hampshire Supreme Court concluded that the affidavit afforded the magistrate a substantial basis for believing that there was a fair probability that Exline’s residence and the objects seized contained evidence of the crime of identity fraud. View "In re Search Warrant for 1832 Candia Road, Manchester, New Hampshire" on Justia Law