Computer Search Warrants

Posted on October 16, 2009 by W.F. Casey Ebsary

“Government cannot rely on the Fourth Amendment’s plain-view doctrine in cases where the investigators rely on the intermingling of computerized records”

Computer Search Warrants

Tampa Criminal Defense Attorney reports severe limits in Computer Search Warrants and Searches – Another court has laid out detailed procedures for issuance and execution of search warrants for computers that contain files outside the scope of a search warrant. The court ruled that the Government cannot rely on the Fourth Amendment’s plain-view doctrine in cases where the investigators rely on the intermingling of computerized records to justify a broad seizure and examination of electronically stored records. United States v.Comprehensive Drug Testing Inc., 9th Cir.(en banc), No. 05-10067 (8/26/09).

The court states, “The process of segregating electronic data that is seizable from that which is not must not become a vehicle for the government to gain access to data which it has no probable cause to collect.” The plain-view doctrine is an issue courts have been struggling with.

Detailed procedures for searches of computer electronic data:

1. The government must not rely on the plain view doctrine in digital evidence cases.

2. Search must be either done by specialized personnel with a procedure to prevent disclosure investigators of information that is not the target of the warrant.

3. The government’s search method must be designed to uncover only the information for which it has probable cause.

When Computers Land in Court, We Can Help – Tell Me Your Story Toll Free – 1-877-793-9290.

Tampa Criminal Defense Attorney on Computer Forensic Searches and Warrants

Source: https://pub.bna.com/cl/0510067a.pdf

Computer Search Warrant Tampa – Overbroad

Posted on September 23, 2009 by W.F. Casey Ebsary

Computer Search Warrant

Tampa Federal Criminal Defense Attorney, Lawyer W.F. ”Casey” Ebsary, Jr. , noted a recent case decided on the scope of search warrants issued in computer cases. Wired magazine noted:

“A divided 11-judge federal appeals court panel has dramatically narrowed the government’s search-and-seizure powers in the digital age, ruling Wednesday that federal prosecutors went too far when seizing 104 professional baseball players’ drug results when they had a warrant for just 10.”

The Court suggested that during a computer’s hard drive search, data should be culled to include the specific data described in the search warrant. The entire hard drive should not be subject to a wholesale review. When the entire drive is seized, an independent third party should review the data. The information should be limited by the Court. The term “filter teams” has been used to refer to the third party who review data seized by a search warrant.

The Appeals Court stated that the judge reviewing the search warrant application should “deny the warrant altogether” if the government does not agree to a third-party review in cases where data will be searched.

Has your data been the subject of a Search Warrant? We can help. Call Toll Free 1-877-793-9290 .

Source: wired.com/threatlevel/2009/08/privacyboost/

Computer Search Warrant Tampa – Overbroad

Tampa Federal Criminal Defense Attorney on eMail and Subpoenas

Posted on September 11, 2009 by W.F. Casey Ebsary

Tampa Federal Criminal Defense Attorney on eMail and Subpoenas

Tampa Federal Criminal Defense Attorney notes that one court just held a Search Warrant for eMail was unnecessary, where a federal subpoena was issued. The federal Judge ruled that an Internet Service Provider must comply with the Government subpoena for E-Mail. In this cybercrime prosecution, the Government had subpoenaed the Internet service provider (ISP) and sought the contents of electronic communications. The subpoena requested previously opened or sent e-mail that belonged to the defendant.

The ISP failed to produce e-mails that had been stored for fewer than 181 days, the Government filed a motion to compel production of the e-mails’ content. The ISP claimed the information sought required a search warrant. The Court ruled that the Stored Communications Act (SCA), required the ISP to comply with the Government’s subpoena if the e-mails are held or maintained solely to provide the customer storage or computer processing services.

The court further ruled that previously opened e-mails stored by the ISP for web-based e-mail systems—as distinguished from other e-mail systems—are not in “electronic storage,” which is defined by the Wiretap Act as storage incidental to electronic transmission and for the purposes of backup protection of the e-mail. Based on this finding, the court ordered the ISP to comply fully with the Government’s subpoena.

When Federal Subpoenas are issued, we can help. Tell me your story Toll Free 1-877-793-9290 .

Tampa Federal Criminal Defense Attorney Subpoena eMail

Source: United States v. Weaver, 2009 WL 2163478 (C.D. Ill. July 15, 2009).

Tampa Federal Criminal Defense Attorney on Juror Misconduct

Posted on April 24, 2009 by W.F. Casey Ebsary

Juror Misconduct

Tampa Federal Criminal Defense Attorney W.F. ”Casey” Ebsary, Jr. , notes that the New York Times has uncovered a rash of mistrials resulting from jurors using technology during voir dire (jury selection) and throughout the trial and deliberations.

During a federal drug trial in Florida a juror admitted that he had been doing research on the case on the Internet The judge had instructed the jury not to rely on evidence not presented in court. The other eight jurors had been doing the same thing. The judge declared a mistrial- pulling the plug on an eight-week trial.

The complete story is available here.

Tampa Federal Criminal Defense Attorney on Juror Misconduct