Category Archives: Computer searches

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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Forbes: Utah Bans Police From Searching Digital Data Without A Warrant, Closes Fourth Amendment Loophole

Forbes: Utah Bans Police From Searching Digital Data Without A Warrant, Closes Fourth Amendment Loophole by Nick Sibilla:

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AK: SW for all computer stuff in house associated with IP address was reasonable in child porn case

A child pornography search warrant for all computer stuff in the house associated with a particular IP address wasn’t directed at defendant–it was for the IP address to identify the potential user. Seizing all computer related stuff in the house … Continue reading

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D.S.C.: Tracking cookies cannot be compared to CSLI under Carpenter

Tracking cookies have a commercial purpose, and they cannot remotely be compared to CSLI under Carpenter. There is no reasonable expectation of privacy tracking cookies won’t be used by websites. Motion to dismiss granted. Johnson v. Google, 2019 U.S. Dist. … Continue reading

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CA5: Typo on an IP address in affidavit for SW that nobody noticed doesn’t void the search; GFE applies

A typographical error in an IP address in the affidavit for search warrant was overlooked by everybody, and it was reasonable for the police to still rely on it under the good faith exception. United States v. Gonzalez, 2019 U.S. … Continue reading

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NY2: No REP in a computer open on a P2P network

There is no reasonable expectation of privacy in a computer open to the world on a P2P network and anybody can come into. People v. Worrell, 2019 NY Slip Op 02127, 2019 N.Y. App. Div. LEXIS 2111 (2d Dept. Mar. … Continue reading

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N.D.Tex.: Two defs given standing to challenge seizure of their emails on co-def business’s account

Defendants were charged in a dietary supplement mislabeling conspiracy. On the claim of overseizure, the warrant specified “angeline” but the court concludes anything related to it was seizable as well without violating particularity. Two defendants were given standing to challenge … Continue reading

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S.D.N.Y.: Overseizure from iCloud account wasn’t so flagrant it required suppression; govt agreed in advance to exclude the overseized

The government’s overseizure from defendant’s iCloud account wasn’t so flagrant or egregious to warrant suppression. The government agreed up-front to exclude the obvious, and that’s a sufficient remedy. United States v. Pinto-Thomaz, 2019 U.S. Dist. LEXIS 26262 (S.D. N.Y. Feb. … Continue reading

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Not too bright to use one’s military work computer to plan domestic terrorism

NYTimes: Coast Guard Officer Plotted to Kill Democrats and Journalists, Prosecutors Say:

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ME: SW for all computers in house in a CP case wasn’t overbroad; digital images are easily moved and secreted

In a search warrant for child pornography, a request for all computers and electronic media on the premises wasn’t unreasonable, considering the ease with which digital images can be moved from one device to another and hidden. State v. Roy, … Continue reading

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AK: SW for tenant space led to search of computer in landlord’s apt, and that was without PC

Computers are entitled to the same sensitive Fourth Amendment analysis that cell phones got in Riley. Here, Pohland was an Assistant AG of Alaska involved in labor relations matters for the state. McRoberts and her husband were tenants of hers, … Continue reading

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N.D.Iowa: Six month unjustified delay in getting SW for hard drive made search unreasonable

Six month delay in getting a search warrant for a hard drive in a child pornography case was unreasonable. The government could give a good reason for the delays which might have justified it. Search recommended suppressed. United States v. … Continue reading

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