Koistinen's Defense Challenges Evidence Seizure in Ongoing Trial Delays

Steve Jurrens
4 days ago
3 min read

Northeast Radio SD News – Tucson, AZ/Watertown, SD - The federal criminal proceedings against Jeffrey Allen Koistinen have taken another procedural turn, with another delay to his jury trial and a legal battle over a “blue iPhone” that could determine the fate of key evidence.

While Koistinen was convicted in a separate Arizona state court case on October 23, 2025, his federal case involving an 11-count indictment for child pornography and coercion remains in a pre-trial deadlock.

New Federal Court Schedule

In a recent ruling, the U.S. District Court has once again extended the timeline for the case. District Judge Angela M. Martinez granted the ninth motion to continue, noting that the trial date originally set for March 2026 was no longer realistic due to ongoing evidentiary disputes.

Event	New Deadline/Date
Plea Deadline	May 29, 2026
Jury Trial	June 16, 2026, at 9:30 a.m.

Koistinen remains in federal custody following his unsuccessful attempts to secure release in late 2025.

The Battle of the “Blue iPhone”

The current delay stems from a two-day evidentiary hearing held on February 23 and March 5, 2026, before Magistrate Judge Eric J. Markovich. The central issue is whether the government can use data recovered from a blue iPhone seized during the initial investigation.

The Defense’s Argument: “False Documentation”

Defense attorney Nicholas Loncar argues that the seizure of the phone was unconstitutional because it fell outside the scope of the original search warrant.

· Contested Records: Original police reports stated the phone was found on Koistinen’s person.

· Body Cam Contradiction: The defense asserts that body-worn camera footage proves the phone was not on his person and that officers were still searching for it after his arrest.

· Scope: Because the government cannot definitively prove who found the phone or where it was located (home, car, or person), the defense claims it is an “unlawful, warrantless seizure”.

The Government’s Counter: “Inevitable Discovery”

Federal prosecutors maintain that the phone is admissible regardless of any “gaps” in the documentation.

· Automobile Exception: The government argues that if the phone was in Koistinen’s Tesla or his wife’s purse, officers had probable cause to seize it under the “automobile exception,” which allows warrantless searches of vehicles.

· Inevitable Discovery: Prosecutors argue the phone would have been “inevitably discovered” because a warrant addendum for the Tesla was obtained shortly after the stop.

· Privacy Standing: The government further claims that if the phone was in his wife’s purse, Koistinen lacks the “standing” to challenge the search, as he has no reasonable expectation of privacy in her personal belongings.

What’s Next?

Following the March evidentiary hearing, Judge Markovich ordered both parties to submit final supplemental briefs, which were filed on March 20, 2026. The matter is now under advisement. The court’s upcoming Report and Recommendation on whether to suppress the iPhone evidence will be a critical factor in whether the case proceeds to the June trial or results in a plea deal.

Northeast Radio SD News will continue to provide updates on this developing case as the June trial date approaches.

Note: Koistinen is currently facing charges including Attempted Production of Child Pornography and Attempted Coercion and Enticement. He has pleaded not guilty to all counts. All defendants are presumed innocent until and unless proven guilty in a court of law.