01-29-2025, 04:33 PM
"However, the Court expressed concern over the request as it pertained to any computers the government might find at the residence. The Court was satisfied by the government's explanation of why a search of the contents of any computers while at the residence might not be practicable, and thus authorized the government to seize any computer without an on-site search of its contents. But, the Court explained to the government that a computer found during the search of a home likely would contain a wide variety of documents having nothing to do with the alleged criminal activity intermingled with documents that might fall within the scope of the alleged criminal activity. The affidavit provided no information that would suggest otherwise. Neither the application nor the affidavit set forth the types of documents relating to the alleged criminal activity that the government expected to find on the computers. Nor did the government's submission describe the means by which the government planned to search the computer, to avoid a general rummaging through all information on the computer, much of which would be irrelevant to the alleged criminal activity. To the contrary, the government represented that its search of the computer might involve " an examin[ation of] all the stored data to determine which particular files are evidence or instrumentalities of a crime" (Aff. in Support of Warrant Application, ¶ 36(a)) (emphasis added).
The Court told the government that in order to address these concerns, prior to allowing any search of the contents of the computers, the Court would require the government to provide a protocol outlining the methods it would use to ensure that its search was reasonably designed to focus on documents related to the alleged criminal activity. The purpose of this protocol was to provide the Court with assurance that the search of the computer after its seizure would not consist merely of a random or general examination of other documents — which, on a home computer, might contain sensitive information regarding health or other personal and private matters completely unrelated to the alleged criminal activity."
In Matter of the 3817 W. West End, First Floor Chicago, 321 F. Supp. 2d 953, 955 (N.D. Ill. 2004)
Sounds familiar, and this was in the Federal Northen District of Illinois. Illinois is known for not put particularities in the search warrant.
The Court told the government that in order to address these concerns, prior to allowing any search of the contents of the computers, the Court would require the government to provide a protocol outlining the methods it would use to ensure that its search was reasonably designed to focus on documents related to the alleged criminal activity. The purpose of this protocol was to provide the Court with assurance that the search of the computer after its seizure would not consist merely of a random or general examination of other documents — which, on a home computer, might contain sensitive information regarding health or other personal and private matters completely unrelated to the alleged criminal activity."
In Matter of the 3817 W. West End, First Floor Chicago, 321 F. Supp. 2d 953, 955 (N.D. Ill. 2004)
Sounds familiar, and this was in the Federal Northen District of Illinois. Illinois is known for not put particularities in the search warrant.