03/02/2020
US v. Ganias, 755 F. 3d 125 - Court of Appeals, 2nd Circuit 2014 - Google Scholar
widespread seizure of items that were not within the scope of the warrant, and (2) do not act in good faith." United
States v. Shi Yan Liu, 239 F.3d 138, 140 (2d Cir. 2000) (internal quotation marks and citations omitted).
The Government effects a "widespread seizure of items" beyond the scope of the warrant when the Government's
search "resemble[s] a general search." Id. at 140-41. Government agents act in good faith when they perform "searches
conducted in objectively reasonable reliance on binding appellate precedent." Davis v. United States, ___ U.S. ___, 131
S.Ct. 2419, 2423-24, 180 L.Ed.2d 285 (2011). When Government agents act on "good-faith reliance [o]n the law at the
time of the search," the exclusionary rule will not apply. United States v. Aguiar, 737 F.3d 251, 259 (2d Cir.2013). "The
burden is on the government to demonstrate the objective reasonableness of the officers' good faith reliance." United
States v. Voustianiouk, 685 F.3d 206, 215 (2d Cir.2012) (internal quotation marks omitted).
Furthermore, evidence will be suppressed only where the benefits of deterring the Government's unlawful actions
appreciably outweigh the costs of suppressing the evidence — "a high obstacle for those urging ... application" of the
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*137 rule. Herring, 555 U.S. at 141, 129 S.Ct. 695; see Pennsylvania Bd. of Prob. & Parole v. Scott, 524 U.S. 357, 36465, 118 S.Ct. 2014, 141 L.Ed.2d 344 (1998) (citing United States v. Payner, 447 U.S. 727, 734, 100 S.Ct. 2439, 65
L.Ed.2d 468 (1980)). "The principal cost of applying the [exclusionary] rule is, of course, letting guilty and possibly
dangerous defendants go free-something that `offends basic concepts of the criminal justice system.'" Herring, 555 U.S.
at 141, 129 S.Ct. 695 (quoting United States v. Leon, 468 U.S. 897, 908, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984)).
2. Analysis
This case presents a host of challenging issues, but we need not address them all. The parties agree that the personal
financial records at issue in this appeal were not covered by the 2003 warrant, and that they had been segregated from
the responsive files by December 2004, before the Government began to suspect that Ganias was personally involved
in any criminal activity. Furthermore, on appeal, Ganias does not directly challenge the Government's practice of making
mirror images of computer hard drives when searching for electronic data, but rather challenges the reasonableness of
its off-site review. Accordingly, we need not address whether: (1) the description of the computer files to be seized in the
2003 warrant was stated with sufficient particularity, see, e.g., Galpin, 720 F.3d at 449-50; (2) the 2003 warrant
authorized the Government to make a mirror image of the entire hard drive so it could search for relevant files off-site; or
(3) the resulting off-site sorting process was unreasonably long.
Instead, we consider a more limited question: whether the Fourth Amendment permits officials executing a warrant for
the seizure of particular data on a computer to seize and indefinitely retain every file on that computer for use in future
criminal investigations. We hold that it does not.
If the 2003 warrant authorized the Government to retain all the data on Ganias's computers on the off-chance the
information would become relevant to a subsequent criminal investigation, it would be the equivalent of a general
warrant. The Government's retention of copies of Ganias's personal computer records for two-and-a-half years deprived
him of exclusive control over those files for an unreasonable amount of time. This combination of circumstances
enabled the Government to possess indefinitely personal records of Ganias that were beyond the scope of the warrant
while it looked for other evidence to give it probable cause to search the files. This was a meaningful interference with
Ganias's possessory rights in those files and constituted a seizure within the meaning of the Fourth Amendment. See
United States v. Place, 462 U.S. 696, 708, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983) (detaining a traveler's luggage while
awaiting the arrival of a drug-sniffing dog constituted a seizure); see also Soldal v. Cook Cnty., 506 U.S. 56, 62-64, 68,
113 S.Ct. 538, 121 L.Ed.2d 450 (1992) (explaining that a seizure occurs when one's property rights are violated, even if
the property is never searched and the owner's privacy was never violated); Loretto v. Teleprompter Manhattan CATV
Corp., 458 U.S. 419, 435, 102 S.Ct. 3164, 73 L.Ed.2d 868 (1982) ("The power to exclude has traditionally been
considered one of the most treasured strands in an owner's bundle of property rights.").
We conclude that the unauthorized seizure and retention of these documents was unreasonable. The Government had
no warrant authorizing the seizure of Ganias's personal records in 2003. By December 2004, these documents had
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been separated *138 from those relevant to the investigation of American Boiler and IPM. Nevertheless, the
Government continued to retain them for another year-and-a-half until it finally developed probable cause to search and
seize them in 2006. Without some independent basis for its retention of those documents in the interim, the Government
clearly violated Ganias's Fourth Amendment rights by retaining the files for a prolonged period of time and then using
them in a future criminal investigation.
The Government offers several arguments to justify its actions, but none provides any legal authorization for its
continued and prolonged possession of the non-responsive files. First, it argues that it must be allowed to make the
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