A district court judge is sending government prosecutors back to the drawing board when it comes to how they request warrants to search through suspects' emails and other electronic communications. In an opinion and order rejecting a warrant request earlier this month, DC Magistrate Judge John Facciola said that the standard format of digital search warrant applications has been consistently leading to overbroad and unconstitutional requests . "To be clear: the government must stop blindly relying on the language provided by the Department of Justice’s Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations manual," he writes. "By doing so, it is only submitting unconstitutional warrant applications."
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Thursday, March 20, 2014
Government must stop requesting broad email search warrants, judge says
By Jacob Kastrenakes on
A district court judge is sending government prosecutors back to the drawing board when it comes to how they request warrants to search through suspects' emails and other electronic communications. In an opinion and order rejecting a warrant request earlier this month, DC Magistrate Judge John Facciola said that the standard format of digital search warrant applications has been consistently leading to overbroad and unconstitutional requests . "To be clear: the government must stop blindly relying on the language provided by the Department of Justice’s Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations manual," he writes. "By doing so, it is only submitting unconstitutional warrant applications."
A district court judge is sending government prosecutors back to the drawing board when it comes to how they request warrants to search through suspects' emails and other electronic communications. In an opinion and order rejecting a warrant request earlier this month, DC Magistrate Judge John Facciola said that the standard format of digital search warrant applications has been consistently leading to overbroad and unconstitutional requests . "To be clear: the government must stop blindly relying on the language provided by the Department of Justice’s Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations manual," he writes. "By doing so, it is only submitting unconstitutional warrant applications."
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