John Eastman, the lawyer who was hired by former President Donald Trump to look into alleged election issues, has claimed that he was “frisked” by federal agents and had his cellphone seized while he was leaving a restaurant last week.
Eastman filed a motion in the U.S. District Court in New Mexico on Monday asking for the seized belongings to be returned to him, arguing that the search warrant officers had used was “unlawful” and violated his Fourth Amendment rights.
According to the motion, federal agents served a search warrant on Eastman on June 22 while he was leaving a restaurant which allowed them to seize any electronic or digital device of his, including cell phones, iPads, USBs, and computers.
The motion does not state exactly where the alleged frisking incident occurred but CNN reported that it took place in New Mexico,
Eastman asked the federal agent to show him the warrant but the officer declined, according to the motion. He was then “forced” to unlock his phone for officers.
“Federal agents served a search warrant (Exhibit 1) on movant while movant was exiting a restaurant. Movant asked to see the warrant, but the executing officer refused. Movant was frisked. Movant’s phone—an iPhone Pro 12—was seized. Movant was forced to provide biometric data to open said phone,” reads the filing in the U.S. District Court for the District of New Mexico. “He was only given a copy of the search warrant but not the supporting affidavit referenced in it.”
‘Unlawful’
The motion goes on to state that the federal agents identified themselves as members of the FBI but that they “appeared to be executing a warrant issued at the behest of the Department of Justice’s Office of the Inspector General.”
Eastman argues that the search warrant was unlawful because the Department of Justice’s Office of the Attorney General “outstripped its mandate by targeting a person outside of the DOJ”, and because the warrant issued “does not describe with particularity the items to be seized, is overboard and provides no probable cause link to any criminal activity” which violates the requirements of the fourth amendment.”
