"In their papers and at Mr. Lemon's arraignment, the Government raised particular concern about the ability to timely produce the "data found in seized cellphones" because of the use of a filter team, id. at 4-5, and because technical issues with accessing the data itself. This case involves, at most, the cell phones seized incident to the arrests of the nine defendants, and data from conduct that allegedly occurred over a single day."
"Moreover, the Government submits that this case involves a large volume of discovery. The Government estimates that discovery will include approximately 2,000 pages of reports and various other documents, plus multiple videos of the incident, BWC videos of St. Paul PD interviews of some church members/victims, photographs, and data from cellphones and social media. The process of reviewing and producing some discovery materials (e.g., data found in seized cellphones) also will be prolonged by the Government's use of a "filter team" to conduct initial reviews and privilege screens of seized data to ensure that defendants' rights are adequately protected. Additional discovery materials are still being received. Accordingly, the Government will need additional time - certainly more than seven-days - to process the"
The Government reports technical difficulties accessing data from cellphones seized from nine defendants and reliance on a filter team to review and privilege-screen seized data. Discovery is described as extensive, including approximately 2,000 pages of reports, multiple incident videos, body-worn camera footage of interviews, photographs, and social-media and cellphone data. Some discovery continues to be received, and the Government asserts more than seven days will be needed to process and produce materials. Complex phone protections and the filter-team review process are identified as factors that could prolong data extraction and production timelines.
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