Mike Lindell loses appeal against FBI's seizure of his cellphone in a Hardee's parking lot

Pillow magnate Mike Lindell failed Friday in his effort to block the Justice Department from reviewing information held on a phone they seized from him in a Hardees parking lot.

Lindell claimed that the seizure violated his constitutional rights. An appeals court disagreed.

"Lindell's irritation as to where and how the government took possession of his cell phone does not give rise to a constitutional claim, let alone a showing of callous disregard for his constitutional rights," the ruling said.

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"Here, a federal magistrate judge determined there was probable cause to seize and search Lindell's cell phone. The warrant explicitly authorized the search of Lindell's person for his cell phone as well as the seizure and search of the phone for records and information constituting 'fruits, evidence, or instrumentalities' of the three federal offenses."

They include "identity theft, damage to a protected computer and conspiracy to commit identity theft and/or cause intentional damage to a protected computer," though Lindell has not been charged.

The FBI's investigation started after an alleged breach of election equipment in Colorado, in which data was shared in an effort to show fraud in the 2020 election.

Lindell said he was cornered by four federal agents outside the Hardees in Minnesota last year.

Lindell also claimed to the court that the search warrant would cause "irreparable injury" if the phone wasn't returned to him. The warrant authorized the FBI to send a copy of the data from the phone to lawyers for the government and their staff for "independent review."

"While the phone very likely also contains a plethora of information unrelated to the government's investigation," the court said, "such as business-related correspondence and transactions; photographs; passwords; apps; potential attorney-client communications; and private communications with friends, family, and business associates this fact does not transform the warrant into a general warrant."

They explained that the search warrant for the files wasn't a blanket search for no particular reason, but had the purpose of "discovering evidence of an ongoing, well-defined equity-stripping scheme."

Read the full excerpts here.