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Search of computer harddrive need only be within a reasonable time after seizure

By John Wesley Hall, Jr.

Search of a computer for child pornography was conducted within a reasonable time, and it does not have to be within the time provided for in the warrant. United States v. Mutschelknaus, 2008 U.S. Dist. LEXIS 75156 (D. N.D. July 9, 2008): In this case, the computer and electronic storage media were seized within the ten (10) day time limit established in the search warrant and the forensic analysis took place within the sixty (60) days granted by the magistrate judge. As set forth above, the Federal Rules of Criminal Procedure do not require that the forensic analysis of computers and other electronic equipment take place within a specific time limit. Any subsequent search only needs to be conducted within a reasonable time. The Court finds that the forensic analysis conducted on the computer and electronic storage media by February 12, 2008, was done so within a reasonable amount of time after the execution of the search warrant and, therefore, the evidence shall not be suppressed.continue to full post

Full post as published by Fourth Amendment on October 01, 2008 (boomark / email).