Category Archives: Computer searches

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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ABAJ: North Carolina police issue broad warrants for data from Google users near crime scenes

ABAJ: North Carolina police issue broad warrants for data from Google users near crime scenes by Jason Tashea:

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N.D.Cal.: Court orders target to open computer and phones under All Writs Act; no privilege bars order

Police seized a computer, hard drive, and iPhone that had been encrypted and password protected. The FBI couldn’t get in. The government applies for an order under the All Writs Act. The court finds that the Fifth Amendment testimonial privilege … Continue reading

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Daily Beast: Fitbit Could Prove a Man’s Innocence. Google Could Send Another to Prison for Murder

Daily Beast: Fitbit Could Prove a Man’s Innocence. Google Could Send Another to Prison for Murder by Kate Briquelet: A troubled boyfriend. A hard-drinking felon. And a young mom bludgeoned to death steps from her own home. Now smart technologies … Continue reading

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wccftech: Sony Starts Sharing PlayStation 4 Data with the FBI – Begins with a Terror Investigation

wccftech: Sony Starts Sharing PlayStation 4 Data with the FBI – Begins with a Terror Investigation by Rafia Shaikh:

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Cato: The Fourth Amendment Still Applies Online

Cato: The Fourth Amendment Still Applies Online by Ilya Shapiro and Aaron Barnes:

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