MEMORANDUM & ORDER Defendant Clare Bronfman moves to suppress documents that were seized from a rented storage unit, arguing that the Government committed three Fourth Amendment violations in acquiring and reviewing these documents and that, at a minimum, the court should hold an evidentiary hearing. (Bronfman 2d Mot. to Suppress (“Mot.”) (Dkt. 352); see Bronfman Reply (Dkt. 424) at 7 (listing the three alleged violations).) For the following reasons, the court will hold an evidentiary hearing before deciding Bronfman’s motion.I. BACKGROUNDBronfman is the sole owner of Wisdom Systems, LLC, which offers bookkeeping and other services to individuals and companies. (Bronfman Mem. in Supp. of 2d Mot. to Suppress (“Mem.”) (Dkt. 353) at 2-3; Decl. of Clare Bronfman (“Bronfman Decl.”) (Dkt. 354) 2.) Among its clients are Bronfman, multiple companies that she owns (such as the Ethical Science Foundation (“ESF”)), and several other individuals and companies whose documents were kept in Wisdom Systems’s care. (Bronfman Decl. 2.) For a while, Wisdom Systems stored its older records and client files in Bronfman’s home, along with some of Bronfman’s personal papers such as letters and journals. (Id. 3.) These business and personal records were stored in file cabinets and folders, cardboard and plastic boxes, and digital media such as compact discs. (Id. 3.)In late 2015, Bronfman hired Adrienne Stiles, who was then “involved with” Nxivm, to move these business and personal materials to a storage unit. (Id. 4.) Stiles was instructed to rent the storage unit for Wisdom Systems, but she in fact rented the unit in her own name, purportedly because the storage facility required her to use her own name rather than a business’s name. (Id. 5.) Wisdom Systems paid the rental fees for the storage unit until April 2018,1 and Bronfman expected its contents to remain private. (Id.
5-6.) Approximately six months after moving Bronfman’s materials to the storage unit, Stiles left Nxivm. (Id. 7.)In early 2018, ESF received a subpoena from the New York Department of Health. (Id. 8.) An attorney named Dennis Burke represented ESF in connection with the subpoena. (Id.) To respond to the subpoena on ESF’s behalf, he sought to locate the business records held by Wisdom Systems. (Decl. of Dennis Burke (“Burke Decl.”) (Dkt. 355) 3.) In early April 2018, he tried to gain access to the storage unit, but the storage facility did not allow him to because the unit was rented in Stiles’s name. (Id. 4; Gov’t Opp’n to 2d Mot. to Suppress (“Opp’n”) at 1.) It is the Government’s understanding that the facility’s Chief Compliance Officer offered Burke an opportunity to seek a court order regarding the contents of the unit, but he never did. (Opp’n at 1.)Next, Burke tried to contact Stiles and learned that she was represented by an attorney, Neil Glazer, who told him that Stiles would not give the storage-unit documents to Bronfman because the government had subpoenaed them. (Burke Decl. 5.) Glazer told Burke that, since the start of April 2018, he had been unsuccessfully trying to access the storage unit in order to turn over documents pursuant to a “general investigative demand” from the Government. (Id. 7; 2d April 23, 2018 Email (Dkt. 355-5).) Then, on April 11, the grand jury issued Stiles a subpoena directing her to produce “[a]ny and all records related to Keith Raniere, Nxivm or any Nxivm-related entities, including any records located in” the storage unit. (Apr. 11, 2018 Subpoena (Dkt. 355-8).)Burke and Glazer discussed the documents over the next two weeks, as the storage facility was not granting access to either of them. (Mem. at 5; Burke Decl.
