In re: Search Warrant dated November 5, 2021

Filing 42

ORDER denying 33 Motion for Unseal Affidavits in Support of Search Warrant Application re: 33 MOTION Unseal Affidavits in Support of Search Warrant Application . Accordingly, Petitioners' motion is DENIED. The Clerk of Court is directed to terminate the motion pending at ECF No. 33. SO ORDERED.. (Signed by Judge Analisa Torres on 11/23/2021) (kv)

Case 1:21-mc-00813-AT Document 42 Filed 11/23/21 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

In re Search Warrant dated November 5, 2021,

ANALISA TORRES, District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: 11/23/2021
21 Misc. 813 (AT)
ORDER

On November 19, 2021, Petitioners filed a motion seeking an order directing production
of all affidavits that were submitted in support of the issuance of the search warrant dated
November 5, 2021. ECF No. 33. Petitioners contend that the Government “affirmatively put[]
the affidavits’ contents at issue” by referencing them in its memorandum in opposition to
Petitioners’ motion for the appointment of a special master, and that Petitioners require the
affidavits to file their reply briefing. Id. at 1. On November 22, 2021, Petitioners filed their
reply, mooting this request. ECF No. 38. Nevertheless, the Court shall address Petitioners’
motion on the merits.
Petitioners have not shown that access to the affidavits is necessary for them to respond
to the Government’s arguments. Even if they had, Petitioners “cite no precedent—and the Court
is aware of no authority—for the proposition that the Fourth Amendment (or any other
constitutional or statutory provision) gives a person who has not been charged a right to review a
search warrant affidavit during an ongoing investigation.” In re Search Warrants Executed on
April 28, 2021, No. 21 Misc. 425, 2021 WL 2188150, at *3 (S.D.N.Y. May 28, 2021). Here, the
Government’s grand jury investigation is ongoing, and no one has been charged. Should those
circumstances change, those named as defendants may seek production of the affidavits as part
of discovery. See Fed. R. Crim. P. 12, 16.
Accordingly, Petitioners’ motion is DENIED. The Clerk of Court is directed to terminate
the motion pending at ECF No. 33.
SO ORDERED.
Dated: November 23, 2021
New York, New York