Category Archives: Computer searches

M.D.Pa.: Nexus to def’s apt shown by physical description not necessarily apt no.

There was sufficient connection to defendant’s alleged drug deals and his residence to support the search warrant. “While law enforcement officials could not determine at that time which of the residential units Jones entered, they were subsequently able to make … Continue reading

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N.D.Cal.: SW to Skype produced no verifiable information ptf was account user; no PC for a SW based on that information

A search warrant to Skype that produced vague information about its account holder that essentially could have been anyone because there was no verification by Skype was insufficient to show probable cause, and plaintiffs get summary judgment on that question. … Continue reading

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NJ: SW for financial crimes on a computer didn’t authorize opening .jpegs

A search warrant for financial crimes on a computer didn’t authorize opening picture files. Child pornography was found. The lack of sophistication of the searching officer is no excuse. State v. Harris, 2018 N.J. Super. LEXIS 160 (Nov. 15, 2018). … Continue reading

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D.R.I.: IP addresses def used weren’t like detailed tracking information from CSLI requiring a SW

Defendant’s use of IP addresses his computer signed in through isn’t enough like CSLI in Carpenter to require a search warrant. United States v. Monroe, 2018 U.S. Dist. LEXIS 186998 (D. R.I. Nov. 1, 2018):

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N.D.Iowa: Officers called to noise complaint could ask for ID even though noise had stopped

Officers investigating a noise complaint ended up talking to defendant in a parked car. They could ask for his DL despite the noise having abated. While that was going on, one officer could see marijuana hidden under the edge of … Continue reading

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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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