Wednesday, June 18th, 2014

Circuit Issues Important New Fourth Amendment Decision

United States v. Ganias, No. 12-240-cr (2d Cir. June 17, 2014) (Hall, Chin, and Restani), available here

Yesterday, the Circuit handed down what Professor Orin Kerr has already called “a very important new Fourth Amendment case.” In an opinion by Judge Chin, the Court held that the government violates the Fourth Amendment when it indefinitely retains computer files that were seized pursuant to a search warrant but are not responsive to the warrant. For a fuller discussion of this noteworthy decision, see the article at this link.

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