Category Archives: Computer searches

N.D.W.Va.: SW lacked PC and was not particular: “his search warrant is among the broadest and most general warrants that have been reviewed by” this judge

The search warrant for defendant’s computer was essentially based on a hunch that it contained evidence in a homicide case, but the affidavit fails to state what. In a lengthy analysis, the court finds the computer warrant lacking in probable … Continue reading

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WI: No REP in a computer left running online P2P

Wisconsin follows the uniform rule from all other courts and holds that there is no reasonable expectation of privacy in computer files available on eDonkey P2P network under either the Fourth Amendment or the state constitution. State v. Baric, 2018 … Continue reading

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S.D.Fla.: The FTC sought an order of production of cell phones and laptops for search in an action for injunction; production not testimonial and PC shown

The FTC sued defendants for injunctive relief and sought an order for production of cell phones and laptop computers. On the first issue of preservation of the Fourth Amendment claim in addition to the clearly asserted Fifth Amendment, the court … Continue reading

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WaPo: Google refused an order to release huge amounts of data. Will other companies bow under pressure? [Govt seeking tracking information from phone apps]

WaPo: Google refused an order to release huge amounts of data. Will other companies bow under pressure? by Deanna Paul:

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OR: Search of browser history limited to the PC, and here it was one day

Police received a call that defendant’s infant son had died at home. In his interview with the police, defendant admitted a computer search about it. The police got a search warrant for his computer search history. The probable cause here … Continue reading

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D.Md.: SW for drug evidence on a computer allowed cursory look at each file, and CP was validly found

Once officers were in defendant’s computer with a search warrant looking for drug evidence, they could cursorily look at each file, and, in the process found child pornography. [This is akin to a plain view.] With that, the search stopped, … Continue reading

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D.D.C.: BOP employee had no REP in BOP owned work cell phone even though personal information was on it

BOP IG issued an administrative subpoena for respondent to produce her BOP owned cell phone, and she refused claiming a reasonable expectation of privacy in it. First, the standard of review is narrow and limited, and the subpoena is enforceable. … Continue reading

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NACDL: Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry

NACDL, The Champion: Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry by Aisha J. Dennis, The Champion 40-46 (Mar. 2018)

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MA: Removing paint chips off a car under the automobile exception was reasonable

There was probable cause that defendant’s car was involved in a shooting such that its stop and search was reasonable under the automobile exception. That included removing paint chips from it when it had been removed to the police station. … Continue reading

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Gizmodo: Paul Manafort Learns That Encrypting Messages Doesn’t Matter If the Feds Have a Warrant to Search Your iCloud Account

Gizmodo: Paul Manafort Learns That Encrypting Messages Doesn’t Matter If the Feds Have a Warrant to Search Your iCloud Account by Matt Novak: Federal prosecutors have accused Paul Manafort of witness tampering, alleging that he used WhatsApp and Telegram in … Continue reading

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Lawfare: Summary: Circuit Split on Device Searches at the Border in US v. Touset

Lawfare: Summary: Circuit Split on Device Searches at the Border in US v. Touset by Grayson Clary:

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D.Minn.: Def lacked standing to challenge SW to YouTube for search history and videos viewed in terrorism case

Defendant was indicted for providing material support to a terrorist organization and planned to travel to Afghanistan, and there were nine search warrants. She communicated with Afghanistan on digital devices and by a gmail account. The search warrants for all … Continue reading

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