12-23-2024, 05:43 AM
One of "Elephants in the room" that needs to be addressed is the fact the police officer wrote a search warrant which he didn't get check to see if it was valid, on top of that you have a FBI agent who went to a federal judge and claimed "they had the computers on a valid state warrant for the search and seizure of Any and All computers" not checking to see if the warrant was valid. Again the search warrant was a general warrant because as the FBI agent stated "Searched and seized ANY AND ALL COMPUTERS" The federal courts including the US Supreme court has stated you cannot seize every piece of file and data on the computer. You have to particularize what file and data you are looking for within the computer, which you have probable cause for.
"Furthermore, when the search involves digital media, the Seventh Circuit has instructed police officers “to exercise caution to ensure that warrants describe with particularity the things to be seized and that searches are narrowly tailored to uncover only those things described.” United States v. Mann,592 F.3d 779, 786 (7th Cir.2010)."
United States v. Winn, 79 F. Supp. 3d 904, 919 (S.D. Ill. 2015)
In my search warrant they only seized the devices. They didn't state what the crime was, or what they had probable cause for, regards to what to seize. instead, the police and the FBI was allowed to rummage through everything, in hopes to find something, ONLY to stop and get a second warrant claiming it was in "plain view" (BTW most courts don't recognize plain view when it comes to computers, because everything in a computer is in plain view, thus eliminating the particularity requirement under the Fourth Amendment make all "search warrants" general warrants)
"Furthermore, when the search involves digital media, the Seventh Circuit has instructed police officers “to exercise caution to ensure that warrants describe with particularity the things to be seized and that searches are narrowly tailored to uncover only those things described.” United States v. Mann,592 F.3d 779, 786 (7th Cir.2010)."
United States v. Winn, 79 F. Supp. 3d 904, 919 (S.D. Ill. 2015)
In my search warrant they only seized the devices. They didn't state what the crime was, or what they had probable cause for, regards to what to seize. instead, the police and the FBI was allowed to rummage through everything, in hopes to find something, ONLY to stop and get a second warrant claiming it was in "plain view" (BTW most courts don't recognize plain view when it comes to computers, because everything in a computer is in plain view, thus eliminating the particularity requirement under the Fourth Amendment make all "search warrants" general warrants)