The Court has considered the fact that the search warrant application seeks permission to search and seize evidence of the specified crimes, and a second warrant would be needed to seize evidence of other crimes for which there is no probable cause shown. However, the ability to seek a second warrant after finding evidence as to which there was no probable cause to search only magnifies the danger of the warrant constituting a general warrant.
The requirement that a second warrant be obtained provides no meaningful limitation on the scope of the search conducted under the first warrant and no meaningful protection against the government obtaining evidence for which it lacks probable cause. For the first warrant would be nothing more than a "vehicle to gain access to data for which the government has no probable cause to collect."
In Matter of U.S.'S Application, Case No. MJ 11-55, 8 (W.D. Wash. Feb. 11, 2011)
The requirement that a second warrant be obtained provides no meaningful limitation on the scope of the search conducted under the first warrant and no meaningful protection against the government obtaining evidence for which it lacks probable cause. For the first warrant would be nothing more than a "vehicle to gain access to data for which the government has no probable cause to collect."
In Matter of U.S.'S Application, Case No. MJ 11-55, 8 (W.D. Wash. Feb. 11, 2011)