Category Archives: Computer and cloud searches

WaPo: US, UK reach deal to make it easier to get electronic data

WaPo: US, UK reach deal to make it easier to get electronic data by Eric Tucker (“The United States and United Kingdom signed an agreement Thursday that officials say will speed up dozens of criminal and national security investigations and … Continue reading

Posted in Computer and cloud searches | Comments Off on WaPo: US, UK reach deal to make it easier to get electronic data

Justice Department takes another run at encryption backdoors with ‘lawful access’

CSO: Justice Department takes another run at encryption backdoors with ‘lawful access’ by Cynthia Brumfield (“Law enforcement officials and experts on the distribution of child pornography gathered on Friday to make the emotional, if not technological, case that tech companies … Continue reading

Posted in Computer and cloud searches, Surveillance technology | Comments Off on Justice Department takes another run at encryption backdoors with ‘lawful access’

CO: Authentication of SW production from Dropbox not self-authenticating as exhibit

Production of records of documents from a Dropbox account by search warrant is not the same as records from a social media account that are more likely to be self- or nearly self-authenticating. Officers can attempt to authenticate the latter, … Continue reading

Posted in Admissibility of evidence, Computer and cloud searches | Comments Off on CO: Authentication of SW production from Dropbox not self-authenticating as exhibit

CA5: USMJ didn’t need to be told in SW application that the computer was small and portable; that’s usually obvious

Six months was not too stale in a child pornography case where the court has approved much longer delays. “The magistrate judge did not need to be told that electronic devices are often small and portable or that they might … Continue reading

Posted in Computer and cloud searches, Staleness | Comments Off on CA5: USMJ didn’t need to be told in SW application that the computer was small and portable; that’s usually obvious

W.D.Mo.: SW for cell phone includes its SD card, just as a computer SW includes the hard drive

A search warrant for a cell phone includes the SD card in it, just the same as a computer search warrant authorizes the search of the hard drive: “Such reasoning is analogous to the instant matter. For one, a micro … Continue reading

Posted in Cell phones, Computer and cloud searches | Comments Off on W.D.Mo.: SW for cell phone includes its SD card, just as a computer SW includes the hard drive

Cal.6: A broad SW is permissible in a computer search because it may be difficult to locate the subject of the search

The search warrant was sufficiently particular for a computer because it is more difficult to determine what is where in a computer when searching it. It was reasonable to allow a broad search of defendant’s computer to find what was … Continue reading

Posted in Computer and cloud searches, Particularity | Comments Off on Cal.6: A broad SW is permissible in a computer search because it may be difficult to locate the subject of the search

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

Posted in Cell site location information, Computer and cloud searches, Good faith exception | Comments Off on CA9: Order suppressing laptop search for lack of PC and delay reversed; not wholely lacking in PC and delay was not unreasonable or culpable

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):

Posted in Computer and cloud searches, Probable cause | Comments Off on CA4: Single click on a CP website’s URL is PC for the clicker’s computer

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

Posted in Computer and cloud searches, Exclusionary rule, Good faith exception, Overseizure | Comments Off on S.D.W.Va.: Computer SW for drugs led to healthcare fraud evidence; second SW needed; exclusionary rule should apply to deter

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

Posted in Computer and cloud searches | Comments Off on E.D.Mich.: Computer search was valid but court requests more comprehensive ex ante review in computer searches

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

Posted in Computer and cloud searches, Probation / Parole search, Reasonable suspicion | Comments Off on Cal.3: Broad electronic parole search condition was reasonable and related to the crime

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

Posted in Computer and cloud searches, Warrant requirement | Comments Off on IL: 8 month delay in getting SW for seized computers was unreasonable