Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 16 of 21
-16warrant may prove time-consuming, increase the costs of the
investigation, and expose the government to potential security
breaches.
As the government argues in its challenge, law enforcement
officers are provided with considerable discretion in
determining how to execute a particular search warrant.
Challenge at 7.
Govt.’s
The Supreme Court has explained that a search
warrant’s execution is “generally left to the discretion of the
executing officers to determine the details of how best to
proceed with the performance of a search authorized by
warrant[.]”
Dalia, 441 U.S. at 257.
That said, although law
enforcement officers are afforded wide discretion in executing
search warrants, “the manner in which a warrant is executed is
subject to later judicial review as to its reasonableness.”
Id.
at 258; see also Zurcher v. Stanford Daily, 436 U.S. 547, 559–60
(1978).
Accordingly, the government will be afforded deference
in deciding how to execute the search warrant, subject to later
review by a court to determine whether the search complied with
the Fourth Amendment’s reasonableness requirement.
Finally, it should be noted that it is certainly true that
searches for electronic data may present increased risks to the
individual’s right to privacy as technological advances enable
law enforcement to monitor and collect large volumes of
electronic communications and other data.
See, e.g., Schesso,
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents