Case 1:14-mj-00228-JMF Document 11 Filed 08/08/14 Page 17 of 21
-17730 F.3d at 1042 (“Because electronic devices could contain vast
quantities of intermingled information, raising the risks
inherent in over-seizing data . . . law enforcement and judicial
officers must be especially cognizant of privacy risks when
drafting and executing search warrants for electronic evidence.”
(citations omitted)).
Discussing the serious risk to privacy in
searches involving an individual’s personal files, the Supreme
Court stated as follows:
We recognize that there are grave dangers inherent in
executing a warrant authorizing a search and seizure
of a person’s papers that are not necessarily present
in executing a warrant to search for physical objects
whose relevance is more easily ascertainable.
In
searches for papers, it is certain that some innocuous
documents will be examined, at least cursorily, in
order to determine whether they are, in fact, among
those papers authorized to be seized.
. . .
In
[these] kinds of searches, responsible officials,
including judicial officials, must take care to assure
that they are conducted in a manner that minimizes
unwarranted intrusions upon privacy.
Andresen v. Maryland, 427 U.S. 463, 482 n.11 (1976).
At the
same time, searches for electronic data present unique
challenges for law enforcement officials tasked with prosecuting
crimes and gathering evidence relevant to criminal
investigations.
Indeed, the practical realities of searches for
electronic records may require the government to examine
information outside the scope of the search warrant to determine
whether specific information is relevant to the criminal
investigation and falls within the scope of the warrant.
Given
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