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A.F.Ct.Crim.App.: SW could distinguish between seizure of hard drive and search of the information without going stale before later data search

By John Wesley Hall, Jr.

The search and seizure warrant for seizure of computers and hard drives was timely served, but the data was not searched until after the 90 days expired. This was not a violation of the warrant because the warrant distinguished between seizure of the hardware and the data which could be searched later. Moreover, inevitable discovery supported it under Mil. R. Evid. 311(b)(2). The military judge erred in suppressing. United States v. Cote, 2010 CCA LEXIS 186 (A.F. Ct. Crim. App. April 6, 2010): The warrant clearly distinguishes three types of material: electronic devices, storage media, and electronic data. As stated in the addendum to the warrant, the 90-day time limit for searches clearly applies only to seized devices and media, not the data on such devices and media: "The search of any Electronic Device or Storage Media authorized by this warrant shall be completed within 90 days from the date of the warrant unless, for good cause demonstrated, such date is extended by an order of the Court...continue to full post

Full post as published by Fourth Amendment on September 13, 2010 (boomark / email).