Category Archives: Computer searches

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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CA2: Remand required for determination for reason for delay in getting computer SW

Defendant was found passed out in a car on a rural road with the car in gear and the engine running. A tablet was on the seat. Searching the car for information about him, an image of child pornography was … Continue reading

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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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