Where a drug search warrant includes \u201celectronic documents\u201d for drug information, it authorizes seizure of a computer found in the house. United States v. Sutton, 2011 U.S. Dist. LEXIS 73582 (C.D. Ill. July 8, 2011)*:<\/p>\n
The government argues that the face of the warrant, commanding officers to search for electronic documents relating to illicit drug trafficking, covered a search of the computer. The court agrees. \u201cThe Fourth Amendment requires that a warrant describe the things to be seized with sufficient particularity to prevent a general exploratory rummaging through one\u2019s belongings. The description of the items to be seized limits the scope of the search to the area where those items are likely to be discovered.\u201d United States v. Mann, 592 F.3d 779, 782 (7th Cir. 2010). The question then, is whether in light of the limitations in the warrant, the execution of the search warrant was reasonable. Mann, 592 F.3d at 782.<\/p>\n
It is reasonable to suspect that a computer could contain electronic documents relating to the purchase or delivery of drugs, as covered in the warrant. Further, a computer could contain electronic records of residency. The warrant expressly authorizes a search for \u201cdocuments tending to show identification and residency\u201d and it is reasonable for a police officer to suspect that a computer would contain just such a document or record, even though the warrant itself did not explicitly list computers. Further, in an abundance of caution, the police sought an additional warrant to fully search the computer after it was seized and removed from the apartment. The court would also note Defendant did not point to any case law supporting his argument that the computer search exceeded the scope of the warrant. Therefore, Defendant’s Motion to Exclude Video Evidence (#38) is DENIED.<\/p><\/blockquote>\n
So, law enforcement officers can put in a search warrant application that they want \u201celectronic documents\u201d for drug information, and that means that any drug warrant can turn into a computer search? That’s essentially what this case holds.<\/p>\n","protected":false},"excerpt":{"rendered":"
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