Category Archives: Computer and cloud searches

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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NACDL: 4 articles on electronic searches

Clare Harvie, What Defense Counsel Should Know About Facial Recognition Technology, 47 Champion 16 (No. 3, May 2023) Jennifer S. Granick, Marking Warrants Great Again: Avoiding General Searches in the Execution of Warrants for Electronic Data, 47 Champion 28 (No. … Continue reading

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Ga.Bar J.: Who Should Guard the Attorney-Client Privilege When Documents are Seized by Law Enforcement

Don Samuels & Scott Grumman, Who Should Guard the Attorney-Client Privilege When Documents are Seized by Law Enforcement, 28 Ga. Bar J. 19 (No. 4 Feb. 2023) (“Some cases may involve seizures of computers and other devices that contain millions … Continue reading

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OR: For particularity in electronic devices, specify what will be found

In Oregon, “For searches of electronic devices, a warrant is specific enough to satisfy the particularity requirement if it ‘describe[s], with as much specificity as reasonably possible under the circumstances, what investigating officers believe will be found’ on the device, … Continue reading

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OH7: Computers are portable, and PC (nexus) moves with them

There was probable cause for child pornography in defendant’s computers in his temporary home he was occupying after a fire at his home. Computers are highly portable and can easily move from place to place. State v. Boyd, 2023-Ohio-271, 2023 … Continue reading

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By 2022, one would think that all would know planning a crime with Google searches would be incriminating; but no

Yahoo news: Brian Walshe pleads not guilty to murder: Everything we know about the case: In court Wednesday, prosecutor Lynn Beland said investigators believe Brian Walshe dismembered his wife and disposed of her remains after using their son’s iPad to … Continue reading

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E.D.Tenn.: 11 day delay in getting computer SW not unreasonable

Depending on how one counted the time between the seizure of the cell phone and the search warrant, it was either 3 or 11 days, and either is reasonable. United States v. Deakins, 2023 U.S. Dist. LEXIS 6661 (E.D. Tenn. … Continue reading

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Bloomberg: Google Keyword Search Warrants Questioned by Colorado Lawyers

Bloomberg Law: Google Keyword-Search Warrants Questioned by Colorado Lawyers (“Lawyers for the arson case defendant maintain that Google must search billions of users to respond to keyword search warrants, raising privacy implications far beyond Colorado. ‘This is a really significant new … Continue reading

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D.N.J.: No 6A right to have counsel present at execution of a DNA warrant in the jail

There is no Sixth Amendment right for counsel to be present when a DNA sample is taken from defendant at the jail by warrant. United States v. Hubbard, 2023 U.S. Dist. LEXIS 3661 (D.N.J. Jan. 9, 2023). CBP had reasonable … Continue reading

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S.D.Ill.: Extrinsic evidence is admissible in a Franks challenge

Extrinsic evidence of alleged falsity in a Franks challenge is admissible. United States v. Smith, 2022 U.S. Dist. LEXIS 234002 (S.D. Ill. Dec. 20, 2022). Questioning defendant about the presence of a firearm in his vehicle fell within the Quarles … Continue reading

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WI: REP in Cloud storage of data from warrantless search

A public employee’s Dropbox account was searched without a warrant by seeking to enter by his user name and changing the password. There is a reasonable expectation of privacy in Cloud storage of digital data when one does not share … Continue reading

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The Epoch Times: Google Gave FBI Location Data for Over 5,000 Devices in Jan. 6 Probe

The Epoch Times: Google Gave FBI Location Data for Over 5,000 Devices in Jan. 6 Probe: Filing (“Mr. Rhine had a Fourth Amendment interest in his Location History data, and the warrant was overbroad and lacking particularity under the Fourth Amendment.”)

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AF: Download of CP via Kik app permitted search of other storage devices it could have been transferred to

In this child pornography case, the initial probable cause was downloading it via the Kik app. The warrant included other electronic devices. Defendant’s argument that only smartphones could be searched is rejected. It was logical that images could have been … Continue reading

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GA: Consent to search backpack included laptop inside when def didn’t object

Defendant clearly consented to a search of his backpack. When the officer encountered his laptop and opened it to turn it on, defendant never objected. Winslow v. State, 2022 Ga. LEXIS 297 (Nov. 2, 2022). The underlying facts for reasonable … Continue reading

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S.D.N.Y.: Two years to search a password protected computer, and more after mistrial, was not unreasonable

The government got a search warrant for defendant’s computer in days, but it took two years to complete the forensic review because of password protection. The two-year delay was thus not unreasonable. After a mistrial, the government kept searching, and … Continue reading

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techdirt: Device Searches Have Created A Massive Database Of American Phone Data CBP Agents Can Search At Will

techdirt: Device Searches Have Created A Massive Database Of American Phone Data CBP Agents Can Search At Will by Tim Cushing:

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CA8: Independent source justified search despite illegal protective sweep

“Herbert Green previously appealed the denial of his motion to suppress drugs and firearms discovered in his apartment during a law enforcement search outside the scope of the police’s warrant. See United States v. Green, 9 F.4th 682, 691-93 (8th … Continue reading

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CA9: Private searcher mimicking her computer search for police was reasonable

Defendant’s former girlfriend found child pornography on his computer. She took the computer to the Reno sheriff’s office, and the police there had her show them what she did and go no farther. This was admitted by the government to … Continue reading

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CA7: RS present for border search of thumb drives of convicted sex offender

Defendant had a prior sex offense with a minor from 1997. HSI started investigating him in 2015 for his travels to Ukraine. “Skaggs frequently traveled overseas; Skaggs was the director of the Ukrainian Angels Resource Network, according to his LinkedIn … Continue reading

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