AZ: Successfully controverting PC for SW requires return of copies of digital evidence

Defendant in a criminal case was suspected of Arizona wildlife offenses, and the state procured a search warrant. He successful controverted the warrant for lack of probable cause under state statute. Digital copies of evidence were kept by the state. Hamberlin v. State ex rel. Ariz. Game & Fish Dep’t, 2020 Ariz. App. LEXIS 410 (Apr. 28, 2020).

Plaintiff was prosecuted for child pornography and he sued Facebook and Yahoo for responding to government requests for information about his accounts that ultimately led to search warrant for the accounts. “Defendants, in their discretion, properly disclosed Rosenow’s complete communications to NCMEC pursuant to 18 U.S.C. § 2258A(b). Accordingly, Defendants’ disclosures fall within the exception to liability under the SCA for divulging ‘the contents of a communication … to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under section 2258A.’ 18 U.S.C. § 2702(b)(6). The Court concludes that Rosenow fails to state a claim for violation of the SCA.” He also didn’t state a claim for a Title III wiretapping violation. Rosenow v. Facebook, Inc., 2020 U.S. Dist. LEXIS 73513 (S.D. Cal. Apr. 27, 2020).