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CA8: SW for computer did not have to ID the files to look in; it's not practical

By John Wesley Hall, Jr.

The search warrant for defendant’s computer did not have to specify for particularity where the files would be found in a computer because of the possibility of manipulation of the data. Officer could have provided more information to the state court judge issuing a search warrant, but that did not make what was disclosed misleading. United States v. Sherman, 2010 U.S. App. LEXIS 7661 (8th Cir. April 14, 2010) (unpublished)*: We conclude Officer Buehrle made a good faith effort to independently verify the allegations of Schellert and he completed an adequate, although arguably not perfect, investigation. There is nothing contained in either Schellert’s affidavit or in Officer Buehrle's affidavit which was either recklessly inaccurate or misleading to the state court...continue to full post

Full post as published by Fourth Amendment on April 18, 2010 (boomark / email).