702 F. App'x 7
2d Cir.2017Background
- Patrick Nayyar was convicted after a jury trial of conspiracy to provide material support to a foreign terrorist organization, conspiracy to contribute goods to Hizballah, and conspiracy to traffic firearms and ammunition. Judgment entered Oct. 31, 2014.
- FBI seized Nayyar’s laptop from his home in Sept. 2009 with his wife’s consent; agents began a forensic review in Dec. 2009 before obtaining a warrant on Oct. 29, 2010. Copies of the warrant and affidavit were produced in discovery Nov. 1, 2010.
- At trial (Mar. 2012), an FBI examiner testified he began the computer review Dec. 2, 2009; Nayyar moved for a mistrial and to suppress computer-derived evidence as the product of an illegal warrantless search.
- This court remanded for the district court to hold a post-trial proceeding on waiver, the validity of the wife’s consent, and applicability of the independent source doctrine. The district court found waiver, invalid consent, but that the independent source doctrine applied; it denied the motion to suppress and for a mistrial.
- On sufficiency of evidence as to the firearms conspiracy, the government introduced recordings and meetings showing Nayyar negotiated and offered to procure multiple military-grade weapons for a confidential informant, supplied a handgun/ammunition, funded Mulholland’s travel, and discussed shipping logistics — supporting a dealer-style conspiracy theory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of computer evidence (suppression/mistrial) | Government: warrant obtained later was supported by independent sources; agents believed they had consent so initial search was reasonable | Nayyar: initial warrantless forensic search and wife’s purported consent were invalid; evidence should be suppressed and mistrial granted | Affirmed: independent source doctrine applies; Nayyar waived timely suppression challenge because discovery put him on notice of the warrantless search |
| Validity of wife’s consent to search | Govt: agents reasonably relied on apparent consent, but later obtained a warrant | Nayyar: wife lacked authority/password so consent was invalid | District court: wife’s consent invalid, but exclusion not required because independent source and waiver doctrines control |
| Timeliness/waiver of suppression motion | Govt: defense had documents in discovery showing timing and could have moved earlier | Nayyar: raised suppression at trial when examiner testified | Held: waiver — discovery sufficiently notified Nayyar of the warrantless search, motion was untimely |
| Sufficiency of evidence for firearms-trafficking conspiracy | Govt: recordings, meetings, provision of a handgun/ammo, funding partner’s travel, offers to ship and provide samples show dealer intent and concerted plan | Nayyar: insufficient proof he and Mulholland acted as illegal firearms “dealers” rather than occasional sellers | Held: Evidence sufficient for a rational jury to find a conspiracy to traffic firearms and ammunition (conviction affirmed) |
Key Cases Cited
- Murray v. United States, 487 U.S. 533 (independent source doctrine permits admission of evidence later obtained by lawful means)
- United States v. Johnson, 994 F.2d 980 (elements for warrant issued after illegal search to be independently supported)
- Hudson v. Michigan, 547 U.S. 586 (but-for causation of a constitutional violation is insufficient alone to require exclusion)
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- United States v. Nadirashvili, 655 F.3d 114 (definition/standard for proving someone is a firearms dealer under federal law)