Category Archives: Computer and cloud searches

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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CA2: SW said “electronics” and “passwords” to access them, but it did not say “computers”; those words mean computers

The search warrant used the word “electronics” and “passwords” to access them, but it did not say “computers.” “Because the warrant specifically permitted seizure of “electronics,” a category into which computers and tablets would fall under the plain text, not … Continue reading

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CA11: Ptf had no REP in workplace computer, even with personal iPhone backed up on it

Plaintiff had no reasonable expectation of privacy in her workplace computer from a search by the employer during an audit of her time off related to a second job instigated after a discrimination complaint. The fact she backed her iPhone … Continue reading

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MO: Even if 4A IAC, no prejudice

Even if defense counsel was ineffective for not moving to suppress files found on his computer that corroborated his child rape victim, he can’t show prejudice because of other exhibits in evidence which were incontestable. The post-conviction court erred in … Continue reading

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CA8: Child porn knock-and-talk leads to valid exigency-based warrantless entry

This case started with a knock-and-talk about defendant visiting websites involving commercial sex acts with children. “While talking with William Meyer outside his home, federal agents grew worried that, if he went back inside, he would destroy evidence. Rather than … Continue reading

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PA: No REP in data moving back and forth over a (nearly) public wifi connection where user agreement told users that

Defendant connected to the wifi at his college, and he was aware of the computing access policy that said that he had no Fourth Amendment reasonable expectation of privacy in the information that moved back and forth over his connection. … Continue reading

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Reason: “The Fourth Amendment Limits of Internet Content Preservation”

Reason: “The Fourth Amendment Limits of Internet Content Preservation” by Orin S. Kerr (“A strong Fourth Amendment claim that criminal defense lawyers should be making.”):

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W.D.N.Y.: Failure to preserve a recording of issuance of a SW required by NY law is not a 4A issue

Failure to preserve a recording of issuance of a search warrant as required by New York law is not a Fourth Amendment issue. United States v. Bailey, 2021 U.S. Dist. LEXIS 212869 (W.D.N.Y. Nov. 3, 2021). “Recognizing that this case … Continue reading

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CA7: Parole search of cell phone doesn’t require SW

Riley doesn’t require a search warrant for a parole search of a cell phone. The arrest was for drugs and the cell phone search found child pornography, and it is not suppressed. United States v. Wood, 2021 U.S. App. LEXIS … Continue reading

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ABA: Litigation: Overbroad Searches and Seizures: Google Customer Data Stored Outside of Gmail

ABA: Litigation: Overbroad Searches and Seizures: Google Customer Data Stored Outside of Gmail, 48 Litigation 49 (No. 1, Oct. 1, 2021) by Mark Mermelstein, Sharon Frase, and Alison Epperson (“Tech giant customer data can contain most of a user’s electronic … Continue reading

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