After obtaining the warrant to search Eisenberg’s devices, personnel in the FBI’s Computer Analysis and Response Team (“CART”) began attempting to access and extract data from the devices and convert that data into a readable format. While converting data from one of Eisenberg’s cellphones into a readable format, CART employees observed that the device contained child pornography. On or about February 6, 2023, the Government applied for and obtained a second warrant, expanding the scope of the original warrant to search for evidence of offense related to the possession and receipt of child pornography. See Gov’t Ex. 26.
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Second, focusing on the full period since the seizure is inappropriate because, as Eisenberg well knows, he is not able to get back his devices because they contain child pornography. The Government found child pornography on one of the Cellphones by early February and has since found child pornography on the Laptop and the other operable Cellphone. Because of that contraband, Eisenberg could not have received the return of his devices, so it would be wrong to consider everything for which he claims he might have used them.
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