{"id":518,"date":"2006-11-16T21:01:44","date_gmt":"2006-10-25T07:11:23","guid":{"rendered":""},"modified":"2017-09-17T13:43:36","modified_gmt":"2017-09-17T18:43:36","slug":"en-us-219","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=518","title":{"rendered":"Computer search warrants now including flash or “thumb drives”"},"content":{"rendered":"

A state search warrant adopted by the feds in United States v. Hansel, 2006 U.S. Dist. LEXIS 76683 (N.D. Iowa October 20, 2006), included “thumb drives” in the description of computer equipment to be seized. The issue there, however, was whether photographs could be seized in a child porn warrant when the officers had to look fairly intensively for them. “A warrant to search a residence generally extends to every part of the residence in which the items sought may be found. United States v. Ross,<\/em> 456 U.S. 798, 820-21 (1982); see also United States v. Hughes,<\/em> 940 F.2d 1125, 1127 (8th Cir. 1991) (‘A lawful search extends to all areas and containers in which the object of the search may be found.’).”<\/p>\n

Neighbors complained of drug deals in the area, so police set up surveillance. Defendant, a known drug dealer, showed up, and apparent hand to hand sales with cars were occurring. The officers observed three sales and moved in, one defendant tried to run into a house, and the police gave chase. The entry was valid. United States v. Goode, 2006 U.S. Dist. LEXIS 76767 (E.D. Pa. October 20, 2006).*<\/p>\n

Defendant’s consent was not an acquiescence to authority. It was apparent that he knew the evidence would ultimately be found, and he decided to get it over with. United States v. Mendoza-Rodriguez, 2006 U.S. Dist. LEXIS 76625 (N.D. Ga. October 17, 2006).*<\/p>\n

Consent was found voluntary under the totality of circumstances. Here, the defendant consented twice, and, while there were multiple officers arriving at the scene, defendant only talked to one. Navarro v. State, 855 N.E.2d 671 (Ind. App. October 23, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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