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S.D.N.Y.: Failure to follow a document search protocol in otherwise reasonably conducted computer and device searches wasn’t unreasonable under 4A

Posted on January 3, 2017June 26, 2025 by Dissent

FourthAmendment.com points us to an opinion out of SDNY:

The court conducts a second hearing over whether blanket suppression is required for over searching numerous electronic devices seized from the defendant, some of which were later turned over by defense counsel. Defendant sought to bring his case within “United States v. Debbi, which found a Fourth Amendment violation where the Government blatantly seized large volumes of physical records outside the scope of a search warrant, made no effort to separate evidence of crimes from everything else, and refused to return the bulk of the nonresponsive materials notwithstanding repeated requests by Debbi and the encouragement of this Court. See 244 F. Supp. 2d 235, 237-38 (S.D.N.Y. 2003).[*]” The cases are not comparable, and the motion is denied.

Read more about the opinion in United States v. Lumiere on FourthAmendment.com.

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