Category Archives: Computer and cloud searches

D.Mont.: With court ordered pinging of cell phone, govt violated no REP in following the pings

Once officers had a warrant authorizing capturing defendant’s cell phone pings back even in 2015, he had no reasonable expectation of privacy in his movements in public when they were following him based on the result of the pings. Therefore, … Continue reading

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NY2: Business records search was not particular except as to time and was a general warrant

The AG’s office obtained a search warrant for defendant’s business for allegations of mortgage fraud. Several computers, hard drives, and many records were seized. After denial of suppression, defendant entered a conditional plea. The search warrant was a “general warrant” … Continue reading

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CA4: Individualized suspicion is now required for border searches of electronic devices but it wasn’t in May 2015, so the GFE applies

Warrantless forensic searches of defendant’s devices in May of 2015 lacked the required nexus to the recognized historic rationales justifying the border search exception to the warrant requirement. Officers had probable cause to suspect that defendant had previously committed grave … Continue reading

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PA: State’s seeking the passcode to unencrypt a computer hard drive violates the 5A

The state’s seeking the passcode to unencrypt a computer hard drive violates the Fifth Amendment. Commonwealth v. Davis, 2019 Pa. LEXIS 6463 (Nov. 20, 2019):

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N.D.Okla.: Particularity in computer searches depends on how SW was executed

Particularity in a computer search has to be flexible and reasonable because of the vast amount of information that is of necessity swept up. “Instead of applying rigid rules requiring particularity when seeking a warrant, the focus should be on … Continue reading

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D.Ore.: No REP in a govt computer and email where there were banner warnings at every sign in

Defendant’s government work emails were searched without a warrant, and it’s clear, based on warnings on the computer at every sign in and regular training, that he was well aware everything on the computer has no reasonable expectation of privacy. … Continue reading

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WaPo: US, UK reach deal to make it easier to get electronic data

WaPo: US, UK reach deal to make it easier to get electronic data by Eric Tucker (“The United States and United Kingdom signed an agreement Thursday that officials say will speed up dozens of criminal and national security investigations and … Continue reading

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Justice Department takes another run at encryption backdoors with ‘lawful access’

CSO: Justice Department takes another run at encryption backdoors with ‘lawful access’ by Cynthia Brumfield (“Law enforcement officials and experts on the distribution of child pornography gathered on Friday to make the emotional, if not technological, case that tech companies … Continue reading

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CO: Authentication of SW production from Dropbox not self-authenticating as exhibit

Production of records of documents from a Dropbox account by search warrant is not the same as records from a social media account that are more likely to be self- or nearly self-authenticating. Officers can attempt to authenticate the latter, … Continue reading

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CA5: USMJ didn’t need to be told in SW application that the computer was small and portable; that’s usually obvious

Six months was not too stale in a child pornography case where the court has approved much longer delays. “The magistrate judge did not need to be told that electronic devices are often small and portable or that they might … Continue reading

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W.D.Mo.: SW for cell phone includes its SD card, just as a computer SW includes the hard drive

A search warrant for a cell phone includes the SD card in it, just the same as a computer search warrant authorizes the search of the hard drive: “Such reasoning is analogous to the instant matter. For one, a micro … Continue reading

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Cal.6: A broad SW is permissible in a computer search because it may be difficult to locate the subject of the search

The search warrant was sufficiently particular for a computer because it is more difficult to determine what is where in a computer when searching it. It was reasonable to allow a broad search of defendant’s computer to find what was … Continue reading

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