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CA10: Computer search warrant lacked particularity but good faith exception saved it

By John Wesley Hall, Jr.

Computer search warrant was badly drafted, and it lacked particularity. However, the good faith exception saved the search because the officer sought counsel from the USMJ and AUSA in executing it. United States v. Otero, 2009 U.S. App. LEXIS 9001 (10th Cir. April 28, 2009): Because of this, our case law requires that "warrants for computer searches must affirmatively limit the search to evidence of specific federal crimes or specific types of material." Riccardi, 405 F.3d at 862 (emphasis added). Wisely, the government does not contest that a warrant authorizing a search of "any and all information and/or data" stored on a computer would be anything but the sort of wide-ranging search that fails to satisfy the particularity requirement. Its claim, rather, is that under a natural reading of the warrant the computer search is limited to uncovering only evidence of the mail and credit card theft along Ms...continue to full post

Full post as published by Fourth Amendment on May 02, 2009 (boomark / email).