{"id":56057,"date":"2023-10-14T15:53:25","date_gmt":"2023-10-14T20:53:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56057"},"modified":"2023-10-14T15:53:25","modified_gmt":"2023-10-14T20:53:25","slug":"wi-forensic-search-of-electronics-two-months-after-seizure-didnt-violate-state-statute-on-execution-of-sw","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56057","title":{"rendered":"WI: Forensic search of electronics two months after seizure didn’t violate state statute on execution of SW"},"content":{"rendered":"\n

A search warrant was timely \u201cexecuted\u201d when the electronic device was seized within five days per the warrant and state law, even though the forensic search didn\u2019t take place for two more months. \u201c[W]e emphasize that in this appeal Drachenberg relies solely on the five-day time limit in Wis. Stat. \u00a7 968.15(1). He does not allege a violation of his Fourth Amendment rights.\u201d The affidavit for warrant stated that forensic analysis would follow and would be time consuming. \u201c Courts that have addressed this issue in other states with identical or nearly identical statutes have reached the same conclusion, with the result that statutory time limits analogous to \u00a7 968.15(1) are not violated by subsequent searches of data in validly seized devices.\u201d State v. Drachenberg<\/a>, 2023 Wisc. App. LEXIS 1075 (Oct. 12, 2023).<\/p>\n\n\n\n

The evidence of excessive force in striking two arrestees in a civil rights criminal case was sufficient. The use of force was objectively unreasonable. United States v. Bean, 2023 U.S. App. LEXIS 27220 (6th Cir. Oct. 11, 2023).*<\/p>\n\n\n\n

The statute of limitations for search claims starts with the search, assuming plaintiff has knowledge of it. Okoli v. City of N.Y., 2023 NY Slip Op 51067(U) (Kings Co. Oct. 5, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

A search warrant was timely \u201cexecuted\u201d when the electronic device was seized within five days per the warrant and state law, even though the forensic search didn\u2019t take place for two more months. \u201c[W]e emphasize that in this appeal Drachenberg … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,52,16],"tags":[],"class_list":["post-56057","post","type-post","status-publish","format-standard","hentry","category-45","category-excessive-force","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56057","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=56057"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56057\/revisions"}],"predecessor-version":[{"id":56058,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56057\/revisions\/56058"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56057"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56057"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56057"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}