Thursday, September 19, 2013

United States v. Schesso, No. 11-30311 (9-18-13) (McKeown with Gilman and Ikuta).

The 9th reversed the district court's suppression of child porn evidence seized from defendant's computer. The district court had suppressed the evidence because the police electronic search was overbroad and had no guiding protocols. On appeal, the 9th held that the underlying facts -- involving file sharing and other indicia -- supported probable cause to search the electronic devices. The warrant was not overbroad and did not raise, in this case, the risks of over-seizing data. The 9th discussed the protocols that United States v. Comprehensive Drug Testing Inc , 621 F.3d 1162 (9th Cirt. 2010)(en banc)(per curiam) set out for "guidance" (it was in the plurality opinion and thus not binding). The purpose and the care the courts have to take with electronic data.


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