Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 14 of 21
-14Computers and other electronic storage media commonly
contain such large amounts of information that it is
often impractical for law enforcement to review all of
the information during execution of the warrant at the
search location.
This rule acknowledges the need for
a two-step process: officers may seize or copy the
entire storage medium and review it later to determine
what electronically stored information falls within
the scope of the warrant.
Fed. R. Crim. P. 41(e)(2) advisory committee’s note.
Several
courts have found the two-step procedure to be reasonable under
the Fourth Amendment, provided that there is a valid warrant
supported by probable cause. 9
See, e.g., United States v.
Schesso, 730 F.3d 1040, 1046 (9th Cir. 2013) (upholding
government’s seizure of electronic data for a subsequent offsite search where there was a fair probability that evidence
would be found on the defendant’s personal computer and other
electronic devices); United States v. Evers, 669 F.3d 645, 652
(6th Cir. 2012) (6th Cir. 2012) (“The federal courts are in
9
The D.C. Circuit has not directly addressed the propriety
of the procedures for executing search warrants for electronic
evidence outlined in Rule 41(e). In its challenge, the
government argues that the D.C. Circuit case of United States v.
Heldt, 668 F.2d 1238 (D.C. Cir. 1981), “does not reject the twostep process for execution of warrants for electronic evidence.”
Govt.’s Challenge at 11-12 n.5. Although it is true that the
Heldt case does not expressly reject the two-step process under
Rule 41, the case is not applicable to the issues presented here
-- namely, whether the government may remove all files and
records from a location to perform a subsequent search off-site
to identify which e-mails are items specified under the search
warrant. The Heldt case involved an on-site search performed by
law enforcement where certain documents were seized under the
plain view exception. That was not a case where, as here, an
entire set of files was seized for a subsequent off-site search
to identify which items fall within the scope of warrant.
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات