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Rep. Jefferson's search: Photograph of documents a search, but permitted by independent source

By John Wesley Hall, Jr.

Talking high-resolution photographs and notes of documents seen during the execution of a warrant is a search and seizure of the information in the documents. United States v. Jefferson, 2008 U.S. Dist. LEXIS 63785 (E.D. Va. August 14, 2008): Certainly, Hicks should not be read to sanction a result so inimical to Fourth Amendment values. Instead, the more reasonable reading of Hicks, consistent with the Hoffa line of cases, is that a search and a seizure of information that is subject to the strictures of the Fourth Amendment occurs where, as here, law enforcement officials photograph the contents of documents, or take notes reflecting the contents of documents. That search and seizure of information does not offend the Fourth Amendment (1) where the documents fall within the warrant's scope or (2) where the document discloses probable cause in plain view, i...continue to full post

Full post as published by Fourth Amendment on August 23, 2008 (boomark / email).