W.D.N.C.: The time limit for execution of a SW doesn’t apply to the off-site search of a computer seized

The time limit for the search to occur in the warrant is for the place to be searched. When computers are seized under the warrant to be searched elsewhere, they are not subject to that time limit. United States v. Boker, 2017 U.S. Dist. LEXIS 111320 (W.D. N.C. July 18, 2017).

The district court concluded defendant wasn’t in custody in his own car for an interview with two postal inspectors that resulted in his arrest. Whether Miranda warnings were given before the recording started, a fact in dispute, isn’t even dispositive. United States v. Vanderbeck, 2017 U.S. App. LEXIS 13168 (3d Cir. July 21, 2017).*

This entry was posted in Computer searches, Staleness, Warrant execution. Bookmark the permalink.

Comments are closed.