03/02/2020 US v. Ganias, 755 F. 3d 125 - Court of Appeals, 2nd Circuit 2014 - Google Scholar describing another." Id. at 446 (quoting Marron v. United States, 275 U.S. 192, 196, 48 S.Ct. 74, 72 L.Ed. 231 (1927)) (internal quotation marks omitted). This restricts the Government's ability to remove all of an individual's papers for later 135 examination because it is generally unconstitutional to seize any item not described *135 in the warrant. See Horton v. California, 496 U.S. 128, 140, 110 S.Ct. 2301, 110 L.Ed.2d 112 (1990); United States v. Tamura, 694 F.2d 591, 595 (9th Cir.1982). Certain exceptions have been made in those "comparatively rare instances where documents [we]re so intermingled that they [could not] feasibly be sorted on site." Tamura, 694 F.2d at 595-96. But in those cases, the off-site review had to be monitored by a neutral magistrate and nonresponsive documents were to be returned after the relevant items were identified. Id. at 596-97. These Fourth Amendment protections apply to modern computer files. Like 18th Century "papers," computer files may contain intimate details regarding an individual's thoughts, beliefs, and lifestyle, and they should be similarly guarded against unwarranted Government intrusion. If anything, even greater protection is warranted. See, e.g., Galpin, 720 F.3d at 446 ("[A]dvances in technology and the centrality of computers in the lives of average people have rendered the computer hard drive akin to a residence in terms of the scope and quantity of private information it may contain."); United States v. Otero, 563 F.3d 1127, 1132 (10th Cir.2009) ("The modern development of the personal computer and its ability to store and intermingle a huge array of one's personal papers in a single place increases law enforcement's ability to conduct a wide-ranging search into a person's private affairs...."); Orin S. Kerr, Searches and Seizures in a Digital World, 119 Harv. L.Rev. 531, 569 (2005) (explaining that computers have become the equivalent of "postal services, playgrounds, jukeboxes, dating services, movie theaters, daily planners, shopping malls, personal secretaries, virtual diaries, and more"). Not surprisingly, the ability of computers to store massive volumes of information presents logistical problems in the execution of search warrants. It is "comparatively" commonplace for files on a computer hard drive to be "so intermingled that they cannot feasibly be sorted on site." Tamura, 694 F.2d at 595. As evidenced by this case, forensic analysis of electronic data may take months to complete. It would be impractical for agents to occupy an individual's home or office, or seize an individual's computer, for such long periods of time. It is now also unnecessary. Today, advancements in technology enable the Government to create a mirror image of an individual's hard drive, which can be searched as if it were the actual hard drive but without interfering with the individual's use of his home, computer, or files. In light of the significant burdens on-site review would place on both the individual and the Government, the creation of mirror images for offsite review is constitutionally permissible in most instances, even if wholesale removal of tangible papers would not be. Indeed, the 2009 amendments to the Federal Rules of Criminal Procedure, which added Rule 41(e)(2)(B), clearly contemplated off-site review of computer hard drives in certain circumstances.[10] Although Rule 136 41(e)(2)(B) was not in effect in 2003, when *136 the warrant was executed with respect to Ganias's computers, case law both before and after the rule's adoption has recognized that off-site review of seized electronic files may be necessary and reasonable. See, e.g., United States v. Schesso, 730 F.3d 1040, 1046 (9th Cir.2013); United States v. Evers, 669 F.3d 645, 652 (6th Cir.2012); United States v. Hill, 459 F.3d 966, 976-77 (9th Cir.2006); United States v. Upham, 168 F.3d 532, 535 (1st Cir.1999). The off-site review of these mirror images, however, is still subject to the rule of reasonableness. See, e.g., Ramirez, 523 U.S. at 71, 118 S.Ct. 992 ("The general touchstone of reasonableness which governs Fourth Amendment analysis governs the method of execution of the warrant." (citation omitted)). The advisory committee's notes to the 2009 amendment of the Federal Rules of Criminal Procedure shed some light on what is "reasonable" in this context. Specifically, the committee rejected "a presumptive national or uniform time period within which any subsequent off-site copying or review of the media or electronically stored information would take place." Fed.R.Crim.P. 41(e)(2)(B) advisory committee's notes to the 2009 Amendments. The committee noted that several variables — storage capacity of media, difficulties created by encryption or electronic booby traps, and computer-lab workload — influence the duration of a forensic analysis and counsel against a "one size fits all" time period. Id. In combination, these factors might justify an off-site review lasting for a significant period of time. They do not, however, provide an "independent basis" for retaining any electronic data "other than [those] specified in the warrant." United States v. Comprehensive Drug Testing, Inc., 621 F.3d 1162, 1171 (9th Cir.2010) (en banc). Even where a search or seizure violates the Fourth Amendment, the Government is not automatically precluded from using the unlawfully obtained evidence in a criminal prosecution. United States v. Julius, 610 F.3d 60, 66 (2d Cir. 2010). "To trigger the exclusionary rule, police conduct must be sufficiently deliberate that exclusion can meaningfully deter it, and sufficiently culpable that such deterrence is worth the price paid by the justice system." Herring v. United States, 555 U.S. 135, 144, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009). Suppression is required "only when [agents] (1) ... effect a https://scholar.google.com/scholar_case?case=16926744034394821172&hl=en&as_sdt=6&as_vis=1&oi=scholarr 6/11