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Criminal Law

: Fourth Amendment

Massive document search of business was quite particular and not excessive, considering the offense under investigation

By John Wesley Hall, Jr.

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Massive document and computer search of sub S business was justified. The affidavit detailed allegations of embezzlement by the owner of the company from the employee benefit plan. United States v. Dougherty, 2008 U.S. Dist. LEXIS 26919 (E.D. Pa. April 2, 2008): The warrant in this case is markedly different from the warrant in Leary. Instead of a single paragraph with a generic statutory reference appended, the warrant here breaks the items to be seized down into 24 particularized categories of documentary evidence and 7 categories of computer-related evidence. See Affidavit, Attachment B. Dougherty has not pointed to a single paragraph in the list of items seized that is deficient in a manner similar to the generic items listed in Leary...continue to full post

Full post as published by Fourth Amendment on April 05, 2008 (boomark / email).

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