context: Furthermore, the Court notes that, even if the Yahoo Search Warrants were defective under these provisions of the SCA, the SCA is a statute, not a constitutional rule requiring heightened protection.
citation_a.signal: see
citation_a.parenthetical: "The availability of a suppression remedy for ... statutory, as opposed to constitutional violations ... turns on the provisions of [the statute] rather than the judicially fashioned exclusionary rule aimed at deterring violations of Fourth Amendment rights."
citation_a.sentence: See United States v. Donovan, 429 U.S. 413, 432 n. 22, 97 S.Ct. 658, 50 L.Ed.2d 652 (1977) (“The availability of a suppression remedy for ... statutory, as opposed to constitutional violations ... turns on the provisions of [the statute] rather than the judicially fashioned exclusionary rule aimed at deterring violations of Fourth Amendment rights.”); United States v. Guzman, 879 F.Supp.2d 312, 322 (E.D.N.Y.2012) (finding that violations of the Juvenile Delinquency Act’s (JDA) statutory parental notification requirement did not require a per se suppression remedy); United States v. Clenney, 631 F.3d 658, 667 (4th Cir.2011) (“[i]n the statutory context, suppression is a creature of the statute, and its availability depends on the statutory text”); United States v. Abdi, 463 F.3d 547, 556 (6th Cir.2006) (“Although exclusion is the proper remedy for some violations of the Fourth Amendment, there is no exclusionary rule generally applicable to statutory violations.”); but see United States v. Pulliam, 748 F.3d 967, 973 (10th Cir.2014) (“some violations of Rule 41 can lead to the suppression of evidence regardless of whether the search was reasonable under the Fourth Amendment.”).
citation_b.signal: but see
citation_b.identifier: 748 F.3d 967, 973
citation_b.parenthetical: "some violations of Rule 41 can lead to the suppression of evidence regardless of whether the search was reasonable under the Fourth Amendment."
citation_b.sentence: See United States v. Donovan, 429 U.S. 413, 432 n. 22, 97 S.Ct. 658, 50 L.Ed.2d 652 (1977) (“The availability of a suppression remedy for ... statutory, as opposed to constitutional violations ... turns on the provisions of [the statute] rather than the judicially fashioned exclusionary rule aimed at deterring violations of Fourth Amendment rights.”); United States v. Guzman, 879 F.Supp.2d 312, 322 (E.D.N.Y.2012) (finding that violations of the Juvenile Delinquency Act’s (JDA) statutory parental notification requirement did not require a per se suppression remedy); United States v. Clenney, 631 F.3d 658, 667 (4th Cir.2011) (“[i]n the statutory context, suppression is a creature of the statute, and its availability depends on the statutory text”); United States v. Abdi, 463 F.3d 547, 556 (6th Cir.2006) (“Although exclusion is the proper remedy for some violations of the Fourth Amendment, there is no exclusionary rule generally applicable to statutory violations.”); but see United States v. Pulliam, 748 F.3d 967, 973 (10th Cir.2014) (“some violations of Rule 41 can lead to the suppression of evidence regardless of whether the search was reasonable under the Fourth Amendment.”).