173730P.pdf   06/26/2019  United States  v.  Meamen Nyah
   U.S. Court of Appeals Case No:  17-3730
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Colloton, Author, with Shepherd and Stras, Circuit Judges] 
   Criminal Case - Suppression. Nyah challenges evidence obtained from a 
   search of his Facebook account. In an affidavit requesting search and 
   seizure warrant for Facebook, Inc., the officer explained multiple 
   instances of Nyad with firearms and drugs on a video and in photographs 
   posted to Facebook. The magistrate judge issued a warrant to Facebook and 
   Facebook turned over the requested material. Nyah was charged and moved to 
   suppress the evidence. He entered a conditional guilty plea, preserving 
   his right to appeal the denial of the motion to suppress. The affidavit 
   established probable cause that the photographs of drugs and firearms were 
   corroborated with evidence of real drugs and firearms; Nyah did not make a 
   showing the affidavits contained false statements and the court did not 
   abuse its discretion by denying the Franks claim without a hearing. Nyah 
   claimed the officers failed to execute the warrant within the 14-day limit 
   under Rule 41. Whether the warrant was executed within 14 days of issuance 
   of the warrant need not be resolved because any violation of Rule 41 would 
   not call for suppressing the evidence, as there is no constitutional 
   infirmity. Probably cause continued to exist. Even if the seizure of 
   evidence occurred on the fifteenth day, the search and seizure was 
   reasonable under the Fourth Amendment. Judge Stras concurs.