Category Archives: Computer and cloud searches

FoxNews: Google CEO says tech giant deletes this information used by police

FoxNews: Google CEO says tech giant deletes this information used by police by Brooke Brothers (“Google now sets a time limit on data used by police for tracking suspects, the CEO said at Wednesday’s congressional hearing with tech giants. The … Continue reading

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CA2: 31 day delay in getting SW for computer after seizure was unreasonable under 4A

“Following the district court’s hearing and ruling that the delay was not unreasonable, the appeal has been restored to this panel. We now rule that the police delayed unreasonably long in violation of the Fourth Amendment when they waited without … Continue reading

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NY2: CBP had RS for computer search for CP on def’s return through customs

Defendant was an airline pilot. HSI conducted a child pornography search at a residence in Texas that had an IP address associated with defendant, but none was found. Reasonably believing he had child pornography on his devices, they found he … Continue reading

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NYT: House to Vote on Limiting FBI Power to Collect Americans’ Internet Data NYTimes: House to Vote on Limiting F.B.I. Power to Collect Americans’ Internet Data by Charlie Savage (“Lawmakers compromised on an ambiguously worded amendment that narrows a failed … Continue reading

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Business Insider: Civil liberties groups are urging Congress to block the FBI from viewing Americans’ web-browsing history without a warrant

Business Insider: Civil liberties groups are urging Congress to block the FBI from viewing Americans’ web-browsing history without a warrant by Aaron Holmes (“More than 50 groups from across the political spectrum urged lawmakers to block legislation that would let … Continue reading

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CA6: Ptf stated claim for unreasonable continued detention after state’s case collapsed when forensic search of computer came up negative

Plaintiff was arrested for child pornography when officers executed a search warrant at his house based on a video uploaded via the IP address and router in the house. There was probable cause for the arrest, but not for the … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Computer and cloud searches, Overseizure | Comments Off on CA6: Ptf stated claim for unreasonable continued detention after state’s case collapsed when forensic search of computer came up negative

E.D.Pa.: Holding def’s computer for 6 hrs to get SW after he revoked consent was reasonable

Defendant at first consented to the government holding and then searching his cell phone and laptop. The next day he revoked his consent on the computer. The government continued to hold the laptop to preserve evidence and got a search … Continue reading

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D.Minn.: Defense counsel’s failure to inform def of potential 4A claims isn’t itself an IAC claim

“Williams’ assertion that counsel failed to inform him that state law enforcement officers are not authorized to make federal arrests provides no support for a claim of ineffective assistance of counsel.” Considering the merits of any search claim, defendant’s stop … Continue reading

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N.D.Ohio: Private party, here the owner, can be enlisted to help in computer search

Both the Fourth Amendment and Ohio law permitted law enforcement to seek private assistance in executing a search warrant, here of a computer, and the search was conducted by the company that owned the computer. United States v. Powell, 2020 … Continue reading

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OH4: Folded piece of paper wasn’t plain feel during stop and frisk

A folded piece of paper couldn’t be searched in a stop and frisk and plain feel because the contents weren’t felt. State v. McClure, 2020-Ohio-1574, 2020 Ohio App. LEXIS 1524 (4th Dist. Apr. 16, 2020). “The search warrant was sufficiently … Continue reading

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E.D.Ky.: Fire chief could consent to search of dept. owned laptop in possession of a Lt. (his son)

Defendant was a lieutenant in the fire department, and his father was the chief. He was using a city owned laptop. After he was arrested for exposing himself in a Walmart bathroom, dad had the apparent and actual authority to … Continue reading

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AZ: Successfully controverting PC for SW requires return of copies of digital evidence

Defendant in a criminal case was suspected of Arizona wildlife offenses, and the state procured a search warrant. He successful controverted the warrant for lack of probable cause under state statute. Digital copies of evidence were kept by the state. … Continue reading

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GA: Arrest for sex offense wasn’t PC to believe digital storage device on person had evidence; SW suppressed

Defendant was arrested for aggravated child molestation and aggravated sodomy, and he had a digital storage device on him. Police sought a search warrant for the storage device, but the affidavit failed to show any probable cause to believe evidence … Continue reading

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CA4: Police exceeding private search of a computer isn’t treated the same as other private searches

The police likely exceeded the private search of a computer, but the product will not be suppressed. A search warrant was issued, and the police relied on it in good faith. The private search doctrine as to computers is more … Continue reading

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S.D.Fla.: SW for apt and seizure of computers and cell phones includes power to search them later

A search warrant to search an apartment and seize computers and cell phones includes the power to search them later. United States v. Quinonez, 2020 U.S. Dist. LEXIS 55789 (S.D. Fla. Mar. 30, 2020). The officer’s statement that the CI’s … Continue reading

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AL: Officer was lawfully in position for plain view of def’s computer screen

The trial court erred in suppressing the search here because the officer who did it was a law enforcement officer under state law able to do so. On the merits, the officer was in position to make a plain view … Continue reading

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