Category Archives: Computer searches

CA8 upholds Playpen warrant strictly on GFE despite Rule 41 violation

Playpen warrant upheld purely on good faith exception of Davis and Herring. Rule 41 was violated, but the court finds the costs of exclusion outweight deterrence, particularly where the rule was modified to permit such later warrants. United States v. … Continue reading

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W.D.N.C.: The time limit for execution of a SW doesn’t apply to the off-site search of a computer seized

The time limit for the search to occur in the warrant is for the place to be searched. When computers are seized under the warrant to be searched elsewhere, they are not subject to that time limit. United States v. … Continue reading

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W.D.Ky.: Laptop in car was in plain view for seizure where there was PC it contained evidentiary information

Defendant’s laptop was in plain view when it was seized from his car when defendant was arrested because the police believed that stolen credit card information would be on it. United States v. Prado, 2017 U.S. Dist. LEXIS 111954 (W.D. … Continue reading

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CAAF: “Though a temporal limitation is one possible method of tailoring a search authorization, it is by no means a requirement.”

A temporal limitation on a computer search isn’t practical because it could unreasonably limit investigators’ ability to search for files within the search authorization. “Though a temporal limitation is one possible method of tailoring a search authorization, it is by … Continue reading

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CNET: US Border Patrol says it won’t search travelers’ cloud data

CNET: US Border Patrol says it won’t search travelers’ cloud data by Steven Musil Clarification came in response to the senator’s questions about border agents pressuring Americans into providing device credentials. Endgadget: US Customs can search phones but not data … Continue reading

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D.Kan.: Email and computer SWs were necessarily broad, but not unreasonably broad

“These were not warrants to search for ‘any and all information’ or ‘all computer information’ in defendant’s house. See Christie, 717 F.3d at 1165. Rather, the attachments effectively limited the scope of the searches to material relevant to specific federal … Continue reading

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D.D.C.: Google has to produce e-mails on server in Ireland, declining to follow 2d Cir. in Microsoft II

After Second Circuit split 4-4 on whether Google could be compelled to provide e-mails stored in a server in Ireland by a warrant, a USMJ in D.C. holds that Google has to produce e-mails stored on that server. In 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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CA8: A 1 in 11 chance homeowner had CP on computer was enough for qualified immunity; search turned up nothing and he lost job then home

Child pornography was able to be downloaded from plaintiff’s IP address, so Minot police got a search warrant for plaintiff’s address, which appeared to be a single family dwelling. When they got there, however, they learned that 11 people lived … Continue reading

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NYLJ: Computer Searches: A ‘General’ Warrant Can No Longer Satisfy Requirements

NYLJ: Computer Searches: A ‘General’ Warrant Can No Longer Satisfy Requirements by Roger L. Stavis (May 19, 2017):

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