Category Archives: Computer searches

CA9: Order suppressing laptop search for lack of PC and delay reversed; not wholely lacking in PC and delay was not unreasonable or culpable

The order suppressing a laptop search is reversed. The computer was seized under a state search warrant but searched under a federal warrant. Even if probable cause was lacking for the issuance of the search warrant, it was close enough … Continue reading

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CA4: Single click on a CP website’s URL is PC for the clicker’s computer

A single click on a URL on a website devoted to child pornography is probable cause for a search warrant for defendant’s computer. United States v. Bosyk, 2019 U.S. App. LEXIS 22973 (4th Cir. Aug. 1, 2019):

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S.D.W.Va.: Computer SW for drugs led to healthcare fraud evidence; second SW needed; exclusionary rule should apply to deter

The government had a search warrant of ESI for drugs. When the search warrant was executed, they found evidence of healthcare billing fraud. A second search warrant was required, citing the government’s own search manual [noted and linked on the … Continue reading

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E.D.Mich.: Computer search was valid but court requests more comprehensive ex ante review in computer searches

The government obtained a search warrant for defendant’s computer for 18 U.S.C. § 1960 and for operating an unlicensed Bitcoin exchange service. During the search, the officer found an image of child pornography. He stopped the search and applied for … Continue reading

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Cal.3: Broad electronic parole search condition was reasonable and related to the crime

Defendant was convicted of identity theft and he had an electronic search condition for his release. The computer search release condition was reasonable and not overbroad, and it was related to the underlying crime and how it was committed. People … Continue reading

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IL: 8 month delay in getting SW for seized computers was unreasonable

The state’s eight month delay in seeking a search warrant for defendant’s computers seized under a warrant was unjustified and unreasonable. The state’s reasoning was it didn’t “want to step on the toes of the IRS” and it took the … Continue reading

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FL3: A flash drive plugged into a work computer is subject to search as a part of the work computer

Defendant was employed by the Miami-Dade Police Department and worked in the armory. She was suspected of falsifying police reports to get her husband fired from his job. When investigators went to her work computer, her personal flash drive was … Continue reading

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GA: Giving computer password out gives recipient apparent authority to consent

Giving one’s wife the password to the computer showed that she had apparent authority to consent to its search. Massey v. State, 2019 Ga. App. LEXIS 267 (May 21, 2019). Defense counsel wasn’t ineffective for not pursuing a motion to … Continue reading

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CA6: Date of receipt of CP isn’t a limit on the scope of a SW

In a child pornography investigation, the date of the alleged obtaining the child porn doesn’t limit the scope of the search warrant. Moreover, the fact it was known to be on one device does mean that only that device can … Continue reading

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CA10: SW for computer fraud revealed CP; inevitable discovery applied

While executing a computer fraud search warrant on defendant’s computers they happened upon child pornography on CDs during the onsite search. They took the computers and the CDs with the child pornography. A later search warrant was issued for the … Continue reading

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D.N.M.: SW for CP in house didn’t need to identify the person who was the target of the search

Officers had probable cause that child pornography came from a particular IP address that was linked to a street address. The search warrant was properly issued for the entire premises, and it did not need to list the target of … Continue reading

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CPO Magazine: EPIC Alleges Google May Be Helping US Government Conduct Warrantless Searches

CPO Magazine: EPIC Alleges Google May Be Helping US Government Conduct Warrantless Searches by Nicole Lindsey

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