Embattled rap star Casanova claims his Fourth Amendment rights were violated, and he is seeking to have critical evidence against him tossed from court.
Casanova says the Feds overstepped their boundaries when they seized and reviewed information from his iCloud account.
The rapper’s lawyer James Kousouros, Esq. argued that the warrant for his iCloud account violated Casanova’s Fourth Amendment rights in numerous ways.
Casanova claims the government targeted him and his iCloud account simply because he took pictures with various Untouchable Gorilla Stone members.
Kousouros said there was no probable cause to believe that the iCloud account contained any evidence, let alone “extensive” evidence, of his suspected criminal activity.
While the agents swore under oath that Cas’ Cellphone was “listed” on his iCloud account, “iCloud was built into the phone, and there was no probable cause to believe that he had ever set up his iCloud account, enabled it, and backed up data on it,” Kousouros argued.
The lack of proof that the iCloud account belonged to Casanova constitutes a “fatal flaw” in granting the original search warrant.
“Even if there was probable cause that [Casanova’s] iCloud account contained stored data and that he committed some or all of the Subject Offenses, allegations that [Casanova] used his cellphone an unidentified number of times to facilitate crimes did not provide reason to believe that criminal activity “pervaded” his iCloud account. As such, the warrant was overbroad in its sweeping authorization to search potentially the entire universe of [Casanova’s] life,” his lawyer said.
Casanova’s lawyer also said the warrant to search his iCloud account did not provide any details about his suspected criminal activity other than referencing the names of co-conspirators, “the underlying criminal enterprise,” and several criminal statutes he allegedly violated.
The rapper says the inadequate parameters allowed the Feds to rummage through his life, even though there was more than one phone connected to the account.
“The warrant permitted the government to seize and review a repository of [Casanova’s] entire life and then rummage through it on an unconstitutional fishing expedition merely on the basis that he allegedly used an Apple device to facilitate crimes,” Kousouros explained.
Casanova is one of 18 people charged with various criminal offenses in a sweeping indictment charging the gang with dealing large amounts of drugs and guns, committing acts of violence, and even murder.
The rap star is accused of dealing crack and marijuana to benefit the Untouchable Gorilla Stone Nation.
Casanova is also charged with attempted murder over a violent shooting in Miami on October 24th, 2020, which left two rival crip gang members seriously wounded after they were shot.
Casanova surrendered to authorities in December of 2020. He is currently being held in the Westchester County Jail.