CA11: In search of computer for evidence of hacking, lack of time frame or search protocol doesn’t violate 4A

The search warrant for defendant’s computer was for evidence of “hacking” but produced child pornography. The lack of a time frame and search protocol for the search doesn’t make it violate the Fourth Amendment. “Considering the specific circumstances and complexities of a hacking investigation, the warrant was sufficiently particularized within the allowable margin of flexibility. See Wuagneux, 683 F.2d at 1349. The fact that there was no specific search protocol limiting the time frame of searchable electronically stored information did not render the warrant overbroad. See Khanani, 502 F.3d at 1290-91. Furthermore, the agents who executed the search obtained the warrant in good faith, acted within its scope, and acted in the objectively reasonable belief that their conduct did not violate the Fourth Amendment. Therefore, the good faith exception to the exclusionary rule applies.” United States v. Sedlak, 2017 U.S. App. LEXIS 18459 (11th Cir. Sept. 25, 2017).

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