Category Archives: Computer and cloud searches

S.D.Cal.: Second look at computer for CP based on court order was reasonable and in good faith

Defendant’s computer was seized and searched for child pornography. After the initial warrant, the government applied for permission to reexamine the computer media. The second look was justified, and the good faith exception applies because it involves reliance on a … Continue reading

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E.D.Va.: Subpoena for times connected to IP address is not for transactional information and thus is valid

A subpoena is sufficient for IP information that only showed when connected, but not where connected (transactional information). In re United States for Non Disclosure Ord. Under 18 U.S.C. § 2705B Relating to Grand Jury Subpoena, 2025 U.S. Dist. LEXIS … Continue reading

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CA11: Border searches of electronic devices need no RS

Border searches of electronic devices need no reasonable suspicion, unlike intensive searches of the body. Riley did not change that. United States v. Pulido, 2025 U.S. App. LEXIS 8264 (11th Cir. Apr. 8, 2025). Later acquired information can’t be used … Continue reading

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N.D.N.Y.: No REP in workplace computer

Plaintiff had no reasonable expectation of privacy in his workplace computer. Zennamo v. Cty. of Oneida, 2025 U.S. Dist. LEXIS 66916 (N.D.N.Y. Mar. 18, 2025). One officer accidentally shooting another when using deadly force against a civilian was not an … Continue reading

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CNN: Canada warns travelers of US border agents’ authority to search electronic devices

CNN: Canada warns travelers of US border agents’ authority to search electronic devices by Mohammed Tawfeeq:

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WSJ: The Five Things You Shouldn’t Tell ChatGPT

WSJ: The Five Things You Shouldn’t Tell ChatGPT by Nicole Nguyen (“Don’t let your mystery rash become AI training fodder—or turn up in a data breach”) Or a government subpoena or search warrant.

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D.Kan.: Marion County Record retaliatory newspaper search case

In the Marion County Record case, the now infamous case of a search warrant for a newspaper’s servers and all electronic devices based on a First Amendment retaliation claim, the main Fourth Amendment claim survives the motions to dismiss. The … Continue reading

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PA: For crime of obstructing a search, def didn’t have to see SW to know there was one when he was told

Defendant’s conviction for obstructing a search is affirmed. He was not entitled to a jury instruction that he had to have seen or read the warrant first where it was not disputed that he knew there was a warrant. Commonwealth … Continue reading

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D.Minn.: Overdose call justified frisk

Police encountered defendant because he was experiencing an overdose. A frisk of his pockets for the cause produced a gun. United States v. Wright, 2024 U.S. Dist. LEXIS 236845 (D. Minn. Nov. 25, 2024), adopted, 2025 U.S. Dist. LEXIS 4921 … Continue reading

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M.D.Tenn.: Five-month-old information about CP on a Pinterest account not stale

There was probable cause for this child pornography warrant. Information about a Pinterest account that was five months old was not stale, and the images were adequately identified. United States v. Lynch, 2025 U.S. Dist. LEXIS 2633 (M.D. Tenn. Jan. … Continue reading

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D.Mass.: 17-day delay between seizure and SW was reasonable

“[T]he government’s seventeen-day delay between the warrantless seizure of Thompson’s property and the issuance of the search warrants was reasonable. The first factor favors the government because seventeen days—eleven of which were business days—is relatively short and far shorter than … Continue reading

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MT: Search of electronics under SW needs to start by SW expiration, not be completed

The search warrant for numerous electronic devices (phones and tablets) was served within ten days but the search couldn’t be completed for longer than that. The grant of the motion to suppress because of the delay is reversed. The warrant … Continue reading

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S.D.N.Y.: No stay of execution of a computer and cell phone SW after def was indicted

Defendant was arrested in Malaysia and a computer and cell phones were seized. He was then indicted in NYC. The nine-day delay in getting a warrant was not unreasonable considering defendant was in custody and unable to use them. A … Continue reading

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D.Mass.: Copying electronic device for delayed search is not per se unreasonable

In an electronic search, the government copied the device’s memory for later search, and the probable cause did not get stale during the delay. Because of the capacity of electronic devices, this is the most efficient manner of searching. United … Continue reading

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D.S.D.: SW for 11 years of iCloud lacked all particularity and GFE didn’t save it

The warrant here authorized search of defendant’s iCloud account for 11 years worth of information despite the probable cause being limited to one event in 2022. The warrant was based on a template that authorized search of the entire account, … Continue reading

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OR: SW not particular for wholesale digital searches

The electronic search categories any digital storage devices in this search warrant are not particular under the state constitution. Remanded for determination of remedy. State v. Curry, 336 Or. App. 72 (Nov. 6, 2024):

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Pre-Ordering “The Digital Fourth Amendment” by Orin S. Kerr

Reason: You Can Now Pre-Order “The Digital Fourth Amendment” by Orin S. Kerr (“My book will be out January 10th, but you can pre-order it now.” “I’m pleased to say that you can now pre-order my book, The Digital Fourth … Continue reading

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FL1: Def’s refusal to admit computer searched was his denies him standing

At the suppression hearing, defendant refused to claim ownership of the computer the subject of the motion to suppress. Therefore, he has no standing. Alternatively, the good faith exception saves the search even if there was no probable cause. Bates … Continue reading

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D.D.C.: Even if electronic search protocol is a const’l requirement, GFE applies

The lack of an electronics search protocol in the warrant, even if it was constitutionally required, doesn’t even have to be decided because of the good faith exception. “Okafor suggests that the Constitution might nonetheless demand that a warrant specify … Continue reading

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Brownstone Institute: A Fourth Amendment for the 21st century

Brownstone Institute: A Fourth Amendment for the 21st century by Daniel Nuncio (“‘Twentieth-century Fourth Amendment law was really written for a world before computers,’ stated Reilly Stephens, an attorney with the Liberty Justice Center, in an early September interview. ‘It … Continue reading

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