Category Archives: Computer searches

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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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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