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E.D. Cal.: Computer search protocol permitting searches without regard to file extension name was not unreasonable

By John Wesley Hall, Jr.

A computer search protocol that involved opening all files under a search warrant was not unreasonable because file extension names can be misleading. United States v. Jack, 2009 U.S. Dist. LEXIS 17411 (E.D. Cal. February 23, 2009): The majority of courts addressing similar issues have reached essentially the same conclusion. Thus, it has been held that so long as the computer search is limited to a search for evidence explicitly authorized in the warrant, it is reasonable for the executing officers to open the various types of files located in the computer's hard drive in order to determine whether they contain such evidence. See e.g. Adjani, 452 F.3d at 1150 ("The government should not be required to trust the suspect's self-labeling when executing a warrant...continue to full post

Full post as published by Fourth Amendment on March 11, 2009 (boomark / email).