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N.D.Ga.: Forensic search of computer after Rule 41's ten day requirement not void

By John Wesley Hall, Jr.

Search warrants do not have expiration dates. Defendant’s computer was seized within the time requirement of Rule 41, but it was not forensically searched for child pornography until after that. Plenty of authority says that the later forensic search under the original warrant is valid. There is nothing showing bad faith. United States v. Hodges, 2010 U.S. Dist. LEXIS 118437 (N.D. Ga. September 15, 2010): Moreover, in this case, completion of the analysis of the hard drives after the expiration of the search warrant could not rise to the level of a constitutional violation and cannot be the basis for suppressing evidence seized because probable cause continues to exist, the government did not act in bad faith, and there was no prejudice to the Defendant...continue to full post

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