Jul 212010
 July 21, 2010  Posted by  Court, Surveillance

In a Colorado criminal libel investigation against a college student’s website, the ADA issued a search warrant for the student’s house and his computers were seized. The DA’s office later refused to file a case against him, likely because the website was clearly protected speech. The search warrant violated the Fourth Amendment for lack of a discernable crime and any showing of particularity. Mink v. Knox, 08-1250 (10th Cir. July 19, 2010).


The warrant authorized the search and seizure of all computer and noncomputer equipment and written materials in Mr. Mink’s house, without any mention of any particular crime to which they might be related, essentially authorizing a “general exploratory rummaging” through Mr. Mink’s belongings for any unspecified “criminal offense.”

Read more on FourthAmendment.com

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