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S.D.Cal.: Seizure of file cabinets for off-site search was not unreasonable where up to 75% of documents viewed were seizable

By John Wesley Hall, Jr.

After 12 hours of searching under a search warrant finding 65-75% of the files covered by the search warrent, the government agents seized file cabinets and left to search off premises. That off-site search took 160 hours. That was not unreasonable. United States v. Western Titanium, Inc., 2010 U.S. Dist. LEXIS 79508 (S.D. Cal. August 6, 2010): Nor does the Court believe that the removal of the file cabinets from the premises by Agent Dao demonstrates a flagrant disregard for the terms of the search warrant. Agents had already determined that 65-75% of the documents within similar file cabinets fell within the scope of the search warrant before the cabinets were removed. The off-site search of the cabinets consumed approximately 160 hours while agents reviewed the documents to determine whether they fell within the scope of the warrant...continue to full post

Full post as published by Fourth Amendment on August 10, 2010 (boomark / email).