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Criminal Law

: Fourth Amendment

D.Ore.: Affidavit reasonably expanded the warrant so it was not overbroad

By John Wesley Hall, Jr.

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IRS search warrant for the Oregon Al Haramain Islamic Foundation, Inc. was not overbroad, and the seizure of records outside the warrant was justified here, considering a taint team participated and the affidavit addressed what was seized. The foundation’s lawyer was present during the search. United States v. Sedaghaty, 2010 U.S. Dist. LEXIS 37186 (D. Ore. April 13, 2010) Defendant asks that, at a minimum, the materials seized outside the warrant be suppressed, if not all of the evidence. [¶] However, the warrant permitted seizures of the computers and media. Agent Anderson described a careful search protocol in which a search of the computers and data was done with search terms carefully tailored to information related to the items to be seized listed in the warrant...continue to full post

Full post as published by Fourth Amendment on April 21, 2010 (boomark / email).

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