Category Archives: Computer and cloud searches

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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CA3: PC for fraud by computer permits search of def’s house for computers

Defendant was suspected of committing fraud with his computer, and that was probable cause for searching for and seizing the computer in his home. United States v. Nyamekye, 2022 U.S. App. LEXIS 2966 (3d Cir. Feb. 2, 2022). Assuming reasonable … Continue reading

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MO: Prosecutor can’t be sued for making a file decision based on the search of ptf’s computer

Plaintiff sued a prosecutor for various things including the “privacy tort ‘of unreasonable intrusion into private facts.’” His computer was searched under a warrant and potential privileged material was obtained. Plaintiff’s own complaint says the prosecutor was given the information … Continue reading

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OH10: No REP in possession of a stolen laptop that sent its location information

Appellant’s motion to reopen his appeal to reargue his Fourth Amendment claims is denied. Not one thing he proffers can change the outcome of the appeal. There was a basis for a GPS warrant on his vehicle, and there was … Continue reading

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CA11: FBI’s negligence in taking six months to search def’s truck and computers did not require suppression

“Bruce Nicholson, an Alabama man convicted of federal child sex crimes and sentenced to life in prison, challenges his conviction on direct appeal. The main question in this criminal appeal is, as it often is, whether a criminal should ‘go … Continue reading

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C.D.Cal.: Admin SDT is not a 4A seizure

The Secretary of Labor’s administrative subpoena duces tecum here did not violate the Fourth Amendment. “A warrant is required only when government officials enter onto a private party’s premises without consent and forcibly take possession of documents.” Walsh v. Int’l … Continue reading

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E.D.Va.: Delay in searching electronics not unreasonable on balance

A state search warrant was issued for defendant’s electronics. They went to the State Police computer lab to analyze, but they were in a long queue. A few months into the delay, the federal government sought its own search warrant. … Continue reading

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