Category Archives: Computer searches

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

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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

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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:

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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

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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

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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.

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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

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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

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E.D.Cal.: Alleged search of a public computer in a library for ptf’s usage didn’t violate any REP

Alleged search of a public computer in a college library for information about plaintiff’s use of it doesn’t violate any reasonable expectation of privacy. Berry v. Yosemite Cmty. College Dist., 2018 U.S. Dist. LEXIS 64732 (E.D. Cal. Apr. 17, 2018). … Continue reading

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IN: Recording a recording off a Facebook account doesn’t violate the federal wiretap law

Defendant was accused of breaking into his ex-girlfriend’s apartment and stealing her work iPad and other personal things. She signed on to his Facebook account with a password he’d previously given her. She found a recording there which admitted he … Continue reading

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MO: Warrantless seizure of black box data from semi violated 4A; automobile exception didn’t apply

After an accident, the information off the data recorder on defendant’s semi was seized and then searched by the police without a search warrant. The trial court suppressed, and the state filed an interlocutory appeal. Only three of its six … Continue reading

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CA2: SW for computers doesn’t require they be specifically identified

The Fourth Amendment does not require that a search warrant for computers specifically identify them [because that’s not possible]. A search warrant to seize computers permits their search under Rule 41. United States v. Beal, 2018 U.S. App. LEXIS 9056 … Continue reading

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