Ninth Circuit Hands Down En Banc Decision in United States v. Comprehensive Drug Testing:
The new opinion, on how the Fourth Amendment applies to the search and seizure of a computer in the context of an investigation into steroids in baseball, is here. I'm reading it now and will post some thoughts as I go through it.
Related Posts (on one page):
- What Happens When Comprehensive Drug Testing Meets the New Rule 41?:
- An Interesting Consequence of United States v. Comprehensive Drug Testing:
- How the Ninth Circuit Tried To End Plain View for Computer Searches Without Ending Plain View for Computer Searches:
- Do Magistrate Judges Have a Power to Refuse To Sign Warrants Based on Expectations of How a Warrant Would be Executed?:
- Ninth Circuit Enacts Miranda-Like Code for Computer Search and Seizure:
- Ninth Circuit Hands Down En Banc Decision in United States v. Comprehensive Drug Testing:
- Oral Argument in United States v. Comprehensive Drug Testing:
- An Analysis of United States v. Comprehensive Drug Testing:
The Government blatantly admitted to and used the excuse of a search warrant to go on a fishing expedition.
The elements of their search warrant could have been produced in 10 minutes by the company providing them a printout with the names of the 10 players and their test results. There was no real belief that the testing company was going to hide or destroy the evidence. A police computer expert could have spent another 30 minutes on scene looking at the actual database tables to verify the printout accurately reflected what the database said.
The example of the Google Email Servers was a good one. Using the Government's Theory in this case, they could produce a Search Warrant to Google because they have reliable evidence that Joe Doe and Bill Smith exchanged child porn using GMail. The Government would think themselves entitled to seize all of Google's servers, backups, desktops, laptops etc. Shutting down Google's operations to the whole world. Then at their leisure, investigators could review every email message in every account under the chance that Joe and Bill somehow disguised their messages. Any emails or data found that indicated any other criminal activity would then be in plain view and they could prosecute.
Oh, also, they wouldn't be required to give Google back any other their equipment until they were darn good and ready.
Because this example is so absurd in its scope it is obvious to see the Government's flawed theory.
The Government is going to whine and complain and do everything they can to subvert these rules. But Search Warrants were never intended to be fishing expeditions.
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