D.C. Circuit forbids seizing all electronic storage devices in computer warrant cases
The U.S. Court of Appeals for the D.C. Circuit handed down an important computer search case Friday , United States v. Griffith . The case is about computer search warrants , and specifically whether they can authorize a seizure of all devices that investigators discover that might contain the evidence sought. The frustrating part of the opinion is that there are a few different ways to interpret it, and I’m not sure which way is right. I thought I would explain why the case is important, why I’m not sure how to interpret it, and how it is in tension with other decisions. I. The Facts The facts of the case are simple. The police obtained a search warrant to search the home of a gang member suspected of involvement in a homicide. The warrant permitted the government to seize electronic storage devices in the home. The thinking was that gang members share a lot of information about their crimes, and that information was likely to be on their electronic devices such as their cellpho...
