Category Archives: Computer searches

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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ABAJ: Traveling lawyers get new protections in device searches at border

ABAJ: Traveling lawyers get new protections in device searches at border by Lee Rawles. The ABA is meeting soon in Vancouver. What about protecting privileged information at Customs when they return:

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Law.com: California High Court Takes Up Criminal Defendant’s Bid for Private Facebook Posts

Law.com: California High Court Takes Up Criminal Defendant’s Bid for Private Facebook Posts by Ross Todd: The California Supreme Court has taken up a case that could determine if, how and when Facebook must turn over private user information about … Continue reading

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NYLJ: Judge Urges Action to Curb ‘Overbroad’ Digital Search Warrants

NYLJ: Judge Urges Action to Curb ‘Overbroad’ Digital Search Warrants by Andrew Denney: Overbroad search warrants for digital evidence are “all too common” in New York, are often green-lighted by busy judges who are focused on processing motions and are … Continue reading

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CA6: Computers, like guns, are usually kept at home, and that’s nexus for search of house for a computer [!?]

A computer, like a gun, is usually kept in the home, and a search warrant for a computer establishes nexus to search defendant’s house[!, really?]. Thus, there was no Fourth Amendment violation and alternatively there was qualified immunity. Peffer v. … Continue reading

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S.D.Ohio: Facebook SW failed to show nexus to alleged hate crime, but GFE applies

Defendant is charged with a hate crime, and the government believed that he was involved with a group. The search warrant for his Facebook account failed to show nexus to get access to the non-public pages just because the group … Continue reading

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Just Security: Customs and Border Protection’s New Policy for Searching Devices Offers Thin Protection

Just Security: Customs and Border Protection’s New Policy for Searching Devices Offers Thin Protection by Carrie DeCell:

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