Category Archives: Computer and cloud searches

N.D.Cal.: Passwords are protected by the Stored Communications Act

In civil case for evidence production brought in San Francisco to aid litigation in Ontario, Canada. the court holds that account passwords are protected by the Stored Communications Act and there was no consent to disclosure. In re Path Network, … Continue reading

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S.D.Fla.: Scrolling through electronic devices at the border is reasonable in CA11

Merely scrolling through an electronic device at the border is a reasonable border search. United States v. Vrdoljak, 2023 U.S. Dist. LEXIS 208332 (S.D. Fla. Nov. 20, 2023). The officer was incidentally following defendant, and he observed her driving within … Continue reading

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N.D.Cal.: No REP in a computer possessed in a halfway house

Plaintiff had no reasonable expectation of privacy in a computer given him by Goodwill for whom he worked while he was living in a halfway house. He was still an inmate of the BOP. “There is no reasonable or legitimate … Continue reading

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techdirt: Court Rejects Extremely Broad Google Search Warrant, Citing Both Carpenter And Riley

techdirt: Court Rejects Extremely Broad Google Search Warrant, Citing Both Carpenter And Riley by Tim Cushing. The case is State v. Grace from Ohio, posted here.

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CA11: SW for iCloud account from before crime even occurred sustained on good faith

Defendant’s cell phone was used to arrange a robbery. A search warrant was also obtained for defendant’s backup iCloud account before the robbery even occurred, and there was no probable cause for that. Yet, the Eleventh Circuit [some would say … Continue reading

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OH5: No showing of PC and no GFE for SW for Google search history

The search warrant for defendant’s Google search history lacked any justification of why it would produce evidence, that it was even used in planning or executing the alleged crime. It was bare bones, and the good faith exception does not … Continue reading

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W.D.Mo.: SCA allows state courts to issue out-of-state SWs for ESI

The Stored Communications Act permits state courts to issue search warrants for out-of-state electronically stored information. [In addition, but not discussed, Virginia v. Moore allows federal courts to overlook state law violations as long as everything reasonableness was satisfied. Because … Continue reading

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Radley Balko today

From Radley Balko today: • The New York Civil Liberties Union released data to the Gothamist that shows staggering racial disparities among interactions by the New York Police Department under the leadership of former cop turned mayor Eric Adams. Just … Continue reading

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OH4: Franks challenge seven years after motion to suppress denied by res judicata

There was a motion to suppress denied at trial. “Now, seven years later appellant seeks to file a motion to suppress and a motion for a Franks hearing. We believe, however, that the trial court correctly concluded that res judicata … Continue reading

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OR: All electronic devices seized to be searched require PC showing

The affidavit for warrant did not show justification for search of all the electronic devices that were seized and then searched. State v. Cannon, 299 Ore. App. 616, 450 P.3d 567 (2019). (Probable cause was conceded as to some devices.) … Continue reading

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D.Ariz.: No REP in shared folder on computer open on eMule program

The government’s “pre-search” of a shared folder on defendant’s computer available through eMule was not subject to a reasonable expectation of privacy and was reasonable. United States v. Johnson, 2023 U.S. Dist. LEXIS 146664 (D. Ariz. Aug. 21, 2023), adopting … Continue reading

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E.D.N.Y.: Admin search power doesn’t give govt power to search for ulterior motive

Plaintiff operates 20 pawnshops in NYC. The NYPD conducted records searches without subpoena or warrant, and, after a two-week trial, plaintiff prevailed with a $1m verdict. The fact a business has to maintain records doesn’t mean there is no reasonable … Continue reading

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D.Nev.: Request of internet provider to preserve evidence under 18 U.S.C. § 2703(f) is not a seizure

“Here, the Court finds that Omegle and TextNow’s preservation of evidence in response to the Government’s request under 18 U.S.C. § 2703(f)—a provision of the Stored Communications Act—did not violate the Fourth Amendment for two reasons. First, because the preservation … Continue reading

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N.D.Ga.: Civilly committed have no REP in common computer files

The plaintiff is confined in the Texas Civil Commitment Center. He has no privacy interest in the files he’s saved on TCCC common computers for his cases. Rogers v. McLane, 2023 U.S. Dist. LEXIS 125554 n. 11 (N.D. Tex. June … Continue reading

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E.D.Mich.: SW for entire iCloud account limited by crime under investigation was particular

The fact the CI related information that was publicly known doesn’t support the story. “Although the Court concludes that the Apple/iCloud warrant was not supported by probable cause, the good-faith exception to the exclusionary rule applies.” The case was a … Continue reading

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MD: Withdrawal of consent to computer search extended to copy of hard drive police made

“[D]efendant had reasonable expectation of privacy in data stored on his laptop’s hard drive, whether data was electronically stored on his hard drive or government’s copy of hard drive made with defendant’s consent. Defendant’s reasonable expectation of privacy was not … Continue reading

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ID: Statutory admission of evidence in administrative proceeding is not a separation of powers issue

Admission or exclusion of evidence in an administrative proceeding over a driver’s license is not governed by the rules of evidence, but it does recognize constitutional limitations. That is not a separation of powers issue because it is within the … Continue reading

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CA2: Is the SW description for electronic data “the best that could reasonably be expected under the circumstances”

In a warrant for electronic data, “the Fourth Amendment does not demand ‘a perfect description of the data to be searched and seized.’ … Rather, ‘some ambiguity’ is permitted ‘so long as law enforcement agents have done the best that … Continue reading

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CA8: Exit border search of electronic devices was based on reasonable suspicion

There was reasonable suspicion for defendant’s intensive exit border search of his electronic devices. “The officers and agents had background information, much of it corroborated, that provided a basis for assessing Xiang’s actions in May and June 2017. Their experience … Continue reading

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PA: No standing to challenge Google SW for who searched rape victim’s name before crime

In a home invasion rape case, the state sought from Google search information involving the victim’s name in the 48 hours before the rape, and there were searches for that from defendant’s IP address. Defendant had no reasonable expectation of … Continue reading

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