S.D.Ohio: Alleged overseizure was not shown to be unreasonable here

“Sember has been indicted for stealing certain United States Air Force sensitive and proprietary technical, engineering and computer data and codes having a value in excess of $1,000 in violation of 18 U.S.C. § 641.” The seizure of some matter allegedly beyond the warrant was not per se unreasonable. Also, the court finds the search started at 6 am and not earlier. United States v. Sember, 2015 U.S. Dist. LEXIS 43035 (S.D. Ohio April 1, 2015):

Scope of Warrant Exceeded By Seizing Documents Outside Authority of Warrant

Sember next argues that the scope of the Search Warrant was exceeded when the Government removed information that was not classified. However, the Search Warrant authorizes the seizure of documents containing classified material in any form including any and all hard-copy documents that may contain U.S. Government proprietary information. (Tr. Ex. 3.) Thus, the Search Warrant arguably authorized the seizure of information that was not classified.

Even if the Search Warrant did not authorize the seizure of non-classified information, items not specifically described in a search warrant may nevertheless be seized if they are “reasonably related” to the offenses which form the basis for the search warrant. Wright, 343 F.3d at 863. In this case, the offenses which formed the basis for the Search Warrant were the suspected theft of U.S. Government property in violation of 18 U.S.C. § 641 and the suspected conversion of U.S. Government and DOD contractor owned trade secrets in violation of 18 U.S.C. § 1832(a)(2). And, Sember offers no argument or evidence that the items seized where not reasonably related to these offenses. Thus, Sember has not satisfied his burden of showing that the scope of the Search Warrant was exceeded by the removal of information that was not classified.