D.Me.: Computer search protocol not always required for computer search warrant

Computer search authorization was particular and a search protocol was not required. United States v. Farlow, 2009 U.S. Dist. LEXIS 94778 (D. Maine September 29, 2009):

Authorization of a search of the computer was particular to the computer crime at issue. When the affidavit’s recitation of probable cause describes the kind of computer crime at issue in this case, specification that a computer’s contents will be searched is reasonably precise. For one thing: “A search of a computer and co-located disks is not inherently more intrusive than the physical search of an entire house for a weapon or drugs.” Upham, 168 F.3d at 535. Moreover: “As a general proposition, any container situated within residential premises which are the subject of a validly-issued warrant may be searched if it is reasonable to believe that the container could conceal items of the kind portrayed in the warrant.” United States v. Gray, 814 F.2d 49, 51 (1st Cir. 1987) (citing United States v. Ross, 456 U.S. 798, 820-21, 102 S. Ct. 2157, 72 L. Ed. 2d 572 (1982)). See also Rogers, 521 F.3d at 9-10 (holding that warrant authorizing a search for “photos” reasonably authorized a search for images that might be found on a videotape). The warrant’s authorization to retain Farlow’s computer for purposes of a forensic examination was not overbroad because the probable cause recited by Det. Northrup was particularized with respect to computer crime.

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I conclude that the probable cause recited in the warrant would have supported an explicit authorization to conduct a software-enabled visual scan of images located on the hard drive as one reasonable means of tracking down the body builder image (and related communications), because that image was evidence of the criminal conduct under investigation, even though it was not itself contraband. There is no need for a hearing to support a finding that Sgt. Lang could have focused his investigation on the AOL chat room communications, which may have or would have turned up evidence of the body builder image directly co-located with the pertinent criminal communications data. There is no constitutional requirement that investigators must conduct a search in any particular sequence in order to minimize the likelihood of uncovering contraband or other evidence of a crime, and the imposition of a search protocol ruling out a visual image search in a case like this would only afford special protection to those who engage in criminal conduct by computer.

Common authority was reasonably found from defendant’s live-in girlfriend who was there with her children and she was dressed for bed. United States v. Zambrana, 2009 U.S. Dist. LEXIS 94684 (W.D. Mich. October 9, 2009).*

Stop of the defendant was proper when he fled from the police when they tried to talk to him. Police arrived to investigate a burglary, and defendant was across the street and nobody else was around. United States v. Broomer, 2009 U.S. Dist. LEXIS 94720 (D. Del. October 9, 2009).*