Category Archives: Overseizure

S.D.N.Y.: The email SW here was limited by time and crime and that made it reasonable and not a general warrant

It is too easy for an email warrant to be a general warrant because there has to be an articulation of what the government is looking for. Moreover, all the emails may be seized so they can be searched looking … Continue reading

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D.Ore.: Gov’t's mishandling of overseizure in Facebook SW didn’t prejudice defs so no suppression

The Facebook warrant was not overbroad, and it was consistent and less intrusive than a Facebook warrant previously approved by the Ninth Circuit in Flores. That which was nonresponsive to the warrant was previously ordered segregated and sealed, and the … Continue reading

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CA2: Computer SW was sufficiently particular; broad doesn’t mean necessarily unreasonable

In the Silk Road “drug kingpin” conviction, whether the third party doctrine succumbs to technology is going to have to come from SCOTUS since the doctrine came from it. The search warrant for defendant’s computer was sufficiently particular. Broad for … Continue reading

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S.D.N.Y.: Overseizure during SW wasn’t so bad this was a general search

In a forfeiture case of a building worth about $1B, the good faith exception applies to a prior search where there was an overseizure. This overseizure wasn’t enough to make the search a general search. In re 650 Fifth Ave. … Continue reading

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E.D.Ky.: An “unreasonable” overseizure as to quantity and not place might be suppressible; hard case to understand

Overseizure under a valid warrant is hard to prove. This case makes it seem like at least an “unreasonable” overseizure, whatever that is, might still be a general search, but it doesn’t directly say so. This case is not good … Continue reading

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S.D.N.Y.: Failure to follow a document search protocol in otherwise reasonably conducted computer and device searches wasn’t unreasonable under 4A

The court conducts a second hearing over whether blanket suppression is required for over searching numerous electronic devices seized from the defendant, some of which were later turned over by defense counsel. Defendant sought to bring his case within “United … Continue reading

Posted in Computer searches, Overseizure, Warrant execution | Comments Off

D.Colo.: Def couldn’t claim blanket suppression where hundreds of items were seized but he challenged only three

Restating the Tenth Circuit’s rule permitting blanket suppression for serious overseizure contrary to the warrant, the court finds that this one doesn’t measure up. The inventory went on for 50 pages, but defendant only challenged three items of artwork that … Continue reading

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NYLJ: The Huma Abedin Emails: Herein Lies the Danger of Overseizure

NYLJ: The Huma Abedin Emails: Herein Lies the Danger of Overseizure by Maranda Fritz:

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