Updated July 1, 2026, 7:32 p.m. ET
A federal judge Wednesday threw out digital evidence seized from computers in the hacking case against former University of Michigan football co-offensive coordinator Matt Weiss after his attorneys said the material was illegally obtained, but refused to toss evidence FBI agents seized from Weiss’ iCloud account.
The mixed ruling by U.S. District Judge David Lawson came three weeks after he heard oral arguments in Detroit in a case that accused Weiss of hacking into the personal accounts of thousands of female college athletes. Prosecutors said he stole intimate photographs and videos, including some showing students engaged in explicit sexual acts from 2015-23.
Lawson concluded the evidence obtained from computers, tablets, and smartphones seized by University of Michigan Police officers in 2022 through state court search warrants violated the 4th Amendment protection against unreasonable government searches and seizures. That included evidence from three computers atSchembechler Hall — the nerve center of the football team — and 14 electronic devices at Weiss’ house, including cell phones, tablets and storage devices.
“The lack of particularity in UMPD’s forensic search warrants renders them unconstitutional general warrants,” Lawson wrote in his ruling.
“They called for a full forensic search of the electronic devices and included no limiting language that tied the authorization to the probable cause that was presented in the applications and affidavits,” he added. “The categories of items to be searched are so numerous and broadly defined that they effectively permit a general search of the devices in their entirety.”
At the same time, the judge denied a request by Weiss’ defense team to suppress evidence seized from the football coordinator’s iCloud account.
The iCloud search warrant allowed UM police to seize all emails, text messages and any attached photos and videos and the contents of all files, including photos and videos stored in the iCloud.
“The government’s use of the iCloud data does not run afoul of the Fourth Amendment,” Lawson wrote.
Weiss’ lawyer, David Benowitz, did not respond immediately to a message seeking comment Wednesday evening. Gina Balaya, the spokeswoman with the U.S. Attorney’s Office in Detroit, declined to comment. The UM police didn’t immediately respond to a request for comment.
It was not immediately clear what impact the order would have on a case closely watched by dozens of current and former college students who said their private information was hacked by Weiss, who is facing numerous lawsuits across the country.
“Suppressing evidence in a case can have substantial impact that can lead to a dismissal of the case, or minimal impact if the government has other evidence of the same crimes,” said Troy-based criminal defense lawyer Wade Fink, who is not involved in the case.
“Here, we will have to learn more about precisely what the government can prove with evidence they can still use,” Fink added.
It is very difficult to win a motion to suppress evidence “given that there is a lot of latitude afforded law enforcement under the Fourth Amendment,” he said.
“And regardless of the facts of the case, which in cases like these can be troubling, the public should be encouraged that federal judges will hold law enforcement to their constitutional obligation,” Fink added.
During last month’s argument, Weiss’ lawyer told the judge that the search warrants obtained by the University of Michigan Police Department were illegal because they were based on information that wasn’t requested.
Benowitz said police initially asked Apple to provide information from Weiss’s phones and other devices from 2022-23, but the company sent information from 2020, six screenshots, that the attorney claimed were the basis for a subsequent federal warrant.
“Not only did the illegal search prompt the federal warrant, it dictated what to look for,” Benowitz said. “This is police misconduct or negligence. … Does the government get to use illegally obtained state warrants? The stakes are extremely high.”
Assistant U.S. Attorney Timothy Wyse argued the federal investigation wasn’t prompted by the UM police warrant.
“This alleged violation that may or may not have happened did not factor into the government’s case,” Wyse said. “The FBI even told (UM police) ‘we don’t want your data until we can establish that there was a federal crime.’ So the FBI never heard of UofM PD’s findings until after taking the case.”
Weiss is scheduled to stand trial Sept. 22 in federal court in Detroit in a high-profile case that has further tarnished the scandal-plagued UM athletics department.
Weiss was charged with 24 crimes in March 2025, including 14 counts of unauthorized access to computers and 10 counts of aggravated identity theft.
If convicted, he faces up to five years on each computer charge and two years on each identity theft charge.
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