Adam Klasfeld reports:
Allowing the government to hold a suspect’s hard drive for 2 ½ years would mean that, in the “computer age,” prosecutors get a “bonanza,” a circuit judge remarked at a rare en banc appellate hearing on Wednesday.
All 13 judges of the Second Circuit gathered to reconsider a ruling that vacated the two-year sentence of Connecticut accountant Stavros Ganias for underreporting $160,000 in federal income taxes last year.
In a mixed decision, a Second Circuit panel found last June that allowing the government to retain a suspect’s computer indefinitely to search for evidence of another crime later risks turning “every warrant to search for particular electronic data” into “a general warrant.”
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