{"id":54582,"date":"2023-03-24T13:20:39","date_gmt":"2023-03-24T18:20:39","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54582"},"modified":"2023-03-24T13:20:39","modified_gmt":"2023-03-24T18:20:39","slug":"or-for-particularity-in-electronic-devices-specify-what-will-be-found","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54582","title":{"rendered":"OR: For particularity in electronic devices, specify what will be found"},"content":{"rendered":"\n

In Oregon, \u201cFor searches of electronic devices, a warrant is specific enough to satisfy the particularity requirement if it \u2018describe[s], with as much specificity as reasonably possible under the circumstances, what investigating officers believe will be found\u2019 on the device, including, \u2018if available and relevant, the time period during which the information was created, accessed, or otherwise used.\u2019 \u2026. \u2018[T]he essential \u201cthing\u201d about which a warrant must be particular is the probative information, not types of files or their location within the computer’s file-management system[.]\u2019 \u2026. In other words, the \u2018\u201chat\u201d is a description of the information related to the alleged criminal conduct which there is probable cause to believe will be found\u2019 on the electronic device. \u2026.\u201d This warrant wasn\u2019t particular enough. State v. Vesa<\/a>, 324 Or. App. 674, 2023 Ore. App. LEXIS 212 (Mar. 22, 2023).<\/p>\n\n\n\n

Defendants were the target of search warrants and their cell phones were seized from their persons. They filed motions for return of the phones, and the government obtained search warrants for the phones. The motion for return is denied without prejudice. United States v. Handler, 2023 U.S. Dist. LEXIS 47976 (S.D.N.Y. Mar. 21, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

In Oregon, \u201cFor searches of electronic devices, a warrant is specific enough to satisfy the particularity requirement if it \u2018describe[s], with as much specificity as reasonably possible under the circumstances, what investigating officers believe will be found\u2019 on the device, … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,12,65,67],"tags":[],"class_list":["post-54582","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-computer-searches","category-particularity","category-rule-41g-return-of-property"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54582","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=54582"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54582\/revisions"}],"predecessor-version":[{"id":54583,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54582\/revisions\/54583"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54582"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54582"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54582"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}