N.D.Cal.: Administrative burdens overcome presumption of right of access to 13 years worth of SW materials

The court denies a broad request for 13 years worth of surveillance search warrant materials. The presumption of accessibility of the materials is overcome by the extensive administrative burdens of reviewing so many files. The litigants in each case where there was an indictment had an interest and presumably obtained it. In re Granick, 2019 U.S. Dist. LEXIS 84660 (N.D. Cal. May 21, 2019). See Law.com: Judge Denies Petition to Unseal 13 Years of Government Surveillance Records (“Chief Judge Phyllis Hamilton of the U.S. District Court for the Northern District of California denied a petition from a pair of surveillance and cybersecurity experts seeking to uncover how the government uses technical assistance orders in its surveillance activities.”)

There was reasonable suspicion for a traffic stop. Asking about travel plans was reasonable. “Next, as to Trooper Marmol’s request for Defendant’s driver’s license, most courts confronted with the issue have determined that checking a passenger’s driver’s license in addition to the vehicle driver’s license is not an impermissible extension of a traffic stop. [¶] Some courts have held that checking a passenger’s identification during a traffic stop is appropriate because it is necessary to ensure officer safety, which is part of the ‘mission’ of a traffic stop.” United States v. Terry, 2019 U.S. Dist. LEXIS 84273 (W.D. Pa. May 20, 2019).*

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