11 February 2013

I Always Feel Like Somebody's Watching Me - Warrantless Searches of Computer Hard Drives by the Government

This article [pdf] focuses on some ‘big data’ issues as they relate to white-collar criminal practice, which typically involves the analysis of electronic communications; cellphone, blackberry, and computer hard drive data; information from third parties in the cloud; etc. Specifically, this article broadly reviews recent case law regarding the government’s power to review, with and without a warrant, electronic data from computer hard drives and cellphones. The focus of the article is on federal power, which, of course, may or may not be the same on the state and local law enforcement level. This article was originally published in the February 2013 issue of New Jersey Lawyer Magazine, a publication of the New Jersey State Bar Association, and is reprinted here with permission.

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