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S.D.N.Y.: How a computer search is conducted should not be dictated in advance under the particularity clause

By John Wesley Hall, Jr.

Computer data particularity requirement and the Fourth Amendment does not constrain how the government must search before the computer is accessed. United States v. Bowen, 2010 U.S. Dist. LEXIS 16105 (S.D. N.Y. February 17, 2010): While there may be a degree of uncertainty as to the "precise applicability of the Fourth Amendment's particularity requirement with respect to searches of computer data," United States v. McDarrah, 05 Cr. 1182 (PAC), 2006 U.S. Dist. LEXIS 48269, 2006 WL 1997638, at *10 (S.D.N.Y. July 17, 2006) (quoting Hensel v. Lussier, 205 F.3d 1323, at *1 (2d Cir. 2000) (summary order)), we reject Defendants' contention that the warrant lacked particularity because it failed to specify different or more precise computer search methods...continue to full post

Full post as published by Fourth Amendment on February 27, 2010 (boomark / email).