Category Archives: Computer and cloud searches

EFF: Your Service Provider’s Terms of Service Shouldn’t Overrule Your 4A Rights

EFF: Your Service Provider’s Terms of Service Shouldn’t Overrule Your Fourth Amendment Rights by Jennifer Lynch:

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CA8: Warrantless seizure of computer in fraud case was reasonable because of exigency

The warrantless seizure of defendant’s computer was justified by exigent circumstances that it contained evidence of fraud. United States v. Mays, 2021 U.S. App. LEXIS 9861 (8th Cir. Apr. 6, 2021). “Because we conclude that the officer’s initial question about … Continue reading

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E.D.N.Y.: SW for email on devices as evidence of wire fraud permits seizure and search of the devices

Where the crux of a wire fraud is provable by email, a search warrant for defendant’s electronic devices was reasonable because cell phones and computers would likely have email access on them. That was just common sense, and the affiant … Continue reading

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CA7: Pre-Riley warrantless cell phone search saved by GFE

Defendant’s cell phone was searched without a warrant pre-Riley under law at the time. “If the evidence collected during the search was to be admitted, he contends, it was only through the application of the good-faith exception recognized in Davis … Continue reading

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W.D.Wash.: iCloud SW temporal limit was impractical

An iCloud search warrant was not overbroad because the warrant sought a lot of material. Based on Apple’s protocols, it essentially had to be, and a time restriction wouldn’t be of any use. United States v. Woolard, 2021 U.S. Dist. … Continue reading

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D.N.M.: Tracing IP address to def does not require affiant exclude all other Internet users in area

Defendant was charged with stalking a former boss. A disguised email was traced by metadata to defendant’s router. His computer was searched, and the email was found. The question of probable cause for the search warrant does not require the … Continue reading

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CA7: Computer search condition was not related to crime of conviction and was thus unreasonable

Defendant’s computer search release condition had no rational relationship to the crime. He was not a sex offender and there was no computer link to his crimes. United States v. Morgan, 2021 U.S. App. LEXIS 2972 (7th Cir. Feb. 3, … Continue reading

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CNS: Judges Grapple With Phone, Laptop Searches at US Customs

CNS: Judges Grapple With Phone, Laptop Searches at US Customs by Thomas Harrison (“The First Circuit struggled Tuesday with a policy that lets border agents look through the phones or laptops of travelers returning from abroad.”)

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New Law Review: The Fourth Amendment Limits of Internet Content Preservation

Orin Kerr, The Fourth Amendment Limits of Internet Content Preservation, forthcoming in the St. Louis University Law Journal. Abstract:

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W.D.La.: Protective sweep for AK-47 was reasonable on knock-and-talk for weapon, denial of entry, and smelling MJ; one officer was to leave for SW

Police properly conducted a protective sweep for an AK-47 after a knock-and-talk did not gain entry. Police had an anonymous source, and defendant was an alleged felon in possession, and they went for a knock-and-talk. Defendant refused to consent, and … Continue reading

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CO: Judicial officer who leaked info about SW he signed was censured, but only after removal from office, a federal obstruction conviction, and disbarment

The respondent former judge told a friend to avoid a certain person when a drug task force search warrant was signed by him for the target. He was federally charged and pled guilty to obstruction of justice and was disbarred … Continue reading

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Jurist: Michigan voters approve warrant requirement for electronic data searches

Jurist: Michigan voters approve warrant requirement for electronic data searches by Daniel Klapper (“Michigan voters Tuesday approved an amendment to the state constitution that will require law enforcement to get a warrant for electronic data searches. The amendment prohibits searches … Continue reading

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Law.com: The Execution of Cloud Search Warrants

Law.com: The Execution of Cloud Search Warrants by Peter A. Crusco (“In his Cyber Crime column, Peter A. Crusco discusses the issues raised by search warrants aimed at electronically stored information.”).

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FoxNews: Google CEO says tech giant deletes this information used by police

FoxNews: Google CEO says tech giant deletes this information used by police by Brooke Brothers (“Google now sets a time limit on data used by police for tracking suspects, the CEO said at Wednesday’s congressional hearing with tech giants. The … Continue reading

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CA2: 31 day delay in getting SW for computer after seizure was unreasonable under 4A

“Following the district court’s hearing and ruling that the delay was not unreasonable, the appeal has been restored to this panel. We now rule that the police delayed unreasonably long in violation of the Fourth Amendment when they waited without … Continue reading

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NY2: CBP had RS for computer search for CP on def’s return through customs

Defendant was an airline pilot. HSI conducted a child pornography search at a residence in Texas that had an IP address associated with defendant, but none was found. Reasonably believing he had child pornography on his devices, they found he … Continue reading

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NYT: House to Vote on Limiting FBI Power to Collect Americans’ Internet Data NYTimes: House to Vote on Limiting F.B.I. Power to Collect Americans’ Internet Data by Charlie Savage (“Lawmakers compromised on an ambiguously worded amendment that narrows a failed … Continue reading

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Business Insider: Civil liberties groups are urging Congress to block the FBI from viewing Americans’ web-browsing history without a warrant

Business Insider: Civil liberties groups are urging Congress to block the FBI from viewing Americans’ web-browsing history without a warrant by Aaron Holmes (“More than 50 groups from across the political spectrum urged lawmakers to block legislation that would let … Continue reading

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CA6: Ptf stated claim for unreasonable continued detention after state’s case collapsed when forensic search of computer came up negative

Plaintiff was arrested for child pornography when officers executed a search warrant at his house based on a video uploaded via the IP address and router in the house. There was probable cause for the arrest, but not for the … Continue reading

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E.D.Pa.: Holding def’s computer for 6 hrs to get SW after he revoked consent was reasonable

Defendant at first consented to the government holding and then searching his cell phone and laptop. The next day he revoked his consent on the computer. The government continued to hold the laptop to preserve evidence and got a search … Continue reading

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