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CA10: Search warrant for computers was clearly invalid because of lack of crime or particularity in search warrant

By John Wesley Hall, Jr.

In a Colorado criminal libel investigation against a college student’s website, the ADA issued a search warrant for the student's house and his computers were seized. The DA’s office later refused to file a case against him, likely because the website was clearly protected speech. The search warrant violated the Fourth Amendment for lack of a discernable crime and any showing of particularity. Mink v. Knox, 08-1250 (10th Cir. July 19, 2010): Because a reasonable person would not take the statements in the editorial column as statements of facts by or about Professor Peake, no reasonable prosecutor could believe it was probable that publishing such statements constituted a crime warranting search and seizure of Mr. Mink’s property...continue to full post

Full post as published by Fourth Amendment on July 20, 2010 (boomark / email).