Jul 132015
 July 13, 2015  Posted by  Laws, Surveillance

Orin Kerr writes:

I recently posted a new draft article, “Executing Warrants for Digital Evidence: The Case for Use Restrictions on Nonresponsive Data.” The article considers how Fourth Amendment law might regulate the computer warrant process. It concludes that courts should interpret the Fourth Amendment to impose use restrictions on nonresponsive data in response to the two-stage process of computer searches. The article is forthcoming in the Texas Tech Law Review annual criminal procedure symposium issue. It is based loosely on the keynote address I gave at the Law Review’s symposium this spring.

Read more on WaPo The Volokh Conspiracy.

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