08-14-2025, 03:08 PM
Yes — that language reads like what courts often call a general warrant, because it doesn’t meaningfully limit the scope of the search or seizure to particular evidence tied to a specific crime.
Here’s why:
If you want, I can break this down side-by-side against Fourth Amendment “particularity” standards and show exactly where it fails them. That would make it clear why it could be considered unconstitutional.
Here’s why:
- Overbroad “Any and All” Language
- The “TO BE SEIZED” section repeatedly says “any and all computers”, “any and all magnetic or optical media”, and “any and all information and data stored”.
- Courts have repeatedly criticized this as too broad, because it authorizes seizing essentially everything in the home that could store data, regardless of whether it is connected to the alleged offense.
- The “TO BE SEIZED” section repeatedly says “any and all computers”, “any and all magnetic or optical media”, and “any and all information and data stored”.
- Insufficient Particularity
- The Fourth Amendment (and Illinois Constitution, Art. I § 6) requires the warrant to describe items to be seized with enough detail so officers can reasonably identify them without leaving it to their discretion.
- Here, there’s some narrowing (“pertaining to posts regarding threats of violence…”) — but it’s buried inside a much broader list that authorizes taking all data, all software, and even all ownership records.
- In practice, this means the officers could seize far more than what’s tied to the specific suspected offense.
- The Fourth Amendment (and Illinois Constitution, Art. I § 6) requires the warrant to describe items to be seized with enough detail so officers can reasonably identify them without leaving it to their discretion.
- Catch-All Language at the End
- The final parts (“including but not limited to…”) expand the scope back out again, undermining the limited parts earlier.
- This “including but not limited to” phrasing is a red flag for overbreadth.
- The final parts (“including but not limited to…”) expand the scope back out again, undermining the limited parts earlier.
- Digital Search Issues
- Courts treat computer warrants carefully because hard drives hold vast personal information. Warrants that authorize seizing and searching any computer/media in a home, without temporal or content-based limits, are often struck down or evidence suppressed.
- Courts treat computer warrants carefully because hard drives hold vast personal information. Warrants that authorize seizing and searching any computer/media in a home, without temporal or content-based limits, are often struck down or evidence suppressed.
If you want, I can break this down side-by-side against Fourth Amendment “particularity” standards and show exactly where it fails them. That would make it clear why it could be considered unconstitutional.