CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, June 18, 2014

"Court adopts a Fourth Amendment right to the deletion of non-responsive computer files"

Orin Kerr has this post at The Volokh Conspiracy, discussing this "hugely important" Second Circuit decision. 

Whenever government agents copy files pursuant to a warrant, they are going to have to delete or return all the files that are non-responsive as a matter of Fourth Amendment reasonableness. Right now lawyers in the federal government are no doubt hard at work trying to figure out how long files can be retained and what degree of specificity counts as a “document” to know if it is responsive or non-responsive.

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