Category Archives: Computer searches

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

Posted in Computer searches, Overbreadth, Particularity | Comments Off on OR: Search of browser history limited to the PC, and here it was one day

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

Posted in Computer searches, Particularity, Scope of search | Comments Off on D.Md.: SW for drug evidence on a computer allowed cursory look at each file, and CP was validly found

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

Posted in Cell phones, Computer searches, Reasonable expectation of privacy | Comments Off on D.D.C.: BOP employee had no REP in BOP owned work cell phone even though personal information was on it

NACDL: Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry

NACDL, The Champion: Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry by Aisha J. Dennis, The Champion 40-46 (Mar. 2018)

Posted in Border search, Cell phones, Computer searches | Comments Off on NACDL: Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry

MA: Removing paint chips off a car under the automobile exception was reasonable

There was probable cause that defendant’s car was involved in a shooting such that its stop and search was reasonable under the automobile exception. That included removing paint chips from it when it had been removed to the police station. … Continue reading

Posted in Automobile exception, Computer searches, Reasonable expectation of privacy | Comments Off on MA: Removing paint chips off a car under the automobile exception was reasonable

Gizmodo: Paul Manafort Learns That Encrypting Messages Doesn’t Matter If the Feds Have a Warrant to Search Your iCloud Account

Gizmodo: Paul Manafort Learns That Encrypting Messages Doesn’t Matter If the Feds Have a Warrant to Search Your iCloud Account by Matt Novak: Federal prosecutors have accused Paul Manafort of witness tampering, alleging that he used WhatsApp and Telegram in … Continue reading

Posted in Computer searches | Comments Off on Gizmodo: Paul Manafort Learns That Encrypting Messages Doesn’t Matter If the Feds Have a Warrant to Search Your iCloud Account

Lawfare: Summary: Circuit Split on Device Searches at the Border in US v. Touset

Lawfare: Summary: Circuit Split on Device Searches at the Border in US v. Touset by Grayson Clary:

Posted in Border search, Cell phones, Computer searches | Comments Off on Lawfare: Summary: Circuit Split on Device Searches at the Border in US v. Touset

D.Minn.: Def lacked standing to challenge SW to YouTube for search history and videos viewed in terrorism case

Defendant was indicted for providing material support to a terrorist organization and planned to travel to Afghanistan, and there were nine search warrants. She communicated with Afghanistan on digital devices and by a gmail account. The search warrants for all … Continue reading

Posted in Computer searches, Standing | Comments Off on D.Minn.: Def lacked standing to challenge SW to YouTube for search history and videos viewed in terrorism case

S.D.Fla.: Consent to giving up passwords at border irrelevant since CBP can search anyway

In a border search case, defendant’s consent to produce his passwords doesn’t matter because the government has the authority to conduct a search of incoming electronic equipment. United States v. Vallerius, 2018 U.S. Dist. LEXIS 85620 (S.D. Fla. May 1, … Continue reading

Posted in Border search, Computer searches | Comments Off on S.D.Fla.: Consent to giving up passwords at border irrelevant since CBP can search anyway

The Marshall Project: Your Home is Your…Snitch?

The Marshall Project: Your Home is Your…Snitch? by Daniel Zwerdling: When your appliances work as police informants.

Posted in Computer searches | Comments Off on The Marshall Project: Your Home is Your…Snitch?

N.D.Ga.: No 4A requirement of a computer search protocol in the SW

This search warrant was for steroids and misbranded drugs and included computers and defendant’s home. The warrant was issued with probable cause and was as particular as possible. As to the computer search, there was no constitutional requirement for a … Continue reading

Posted in Computer searches, Particularity | Comments Off on N.D.Ga.: No 4A requirement of a computer search protocol in the SW

Volokh Conspiracy: Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules

United States v. Spencer, 2018 U.S. Dist. LEXIS 70649 (N.D. Cal. Apr. 26, 2018) Volokh Conspiracy: Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules by Orin Kerr: The right … Continue reading

Posted in Cell phones, Computer searches | Comments Off on Volokh Conspiracy: Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules