Category Archives: Search warrant

Fight the Power, Part III: The David Ganek Complaint

In Part I of the series, I introduced the idea that defense counsel are increasingly fighting back against DOJ in creative ways. In Part II, we talked about Sheldon Silver and his defense counsel’s efforts to use DOJ’s very public … Continue reading

Posted in civil case, DOJ policy and practice, Fifth Amendment, Fourth Amendment, Insider Trading, Prosecutorial misconduct, Search warrant, Securities fraud | Tagged | Leave a comment

These Defendants Are Asking For a Taint Team. Why?

When the government executes a search warrant in a white-collar case, it may seize documents that are protected by the attorney-client privilege. As I’ve posted before about this issue, the government will often assert that a “taint team” should review … Continue reading

Posted in Attorney client privilege, Search warrant | 1 Comment

The Government Cannot Keep Seized Evidence Forever: Second Circuit Decision on Electronic Data

On June 25, 2014, the United States Supreme Court issued a unanimous opinion in Riley v. California, holding that the government generally cannot conduct a warrantless search of a suspect’s cellphone. The decision was front-page news. Most precedent about warrants … Continue reading

Posted in Appeal, Fourth Amendment, Search warrant, Tax fraud | Leave a comment

Did the Founding Fathers Think the Fourth Amendment Would Protect our iPhones?

Our mobile devices increasingly hold the details of our lives. Our phones hold the names and contact information of our friends, family and colleagues. They maintain our calendars and plans. They track our internet activity and preferences, store passwords and … Continue reading

Posted in Criminal Investigation, Search warrant | 1 Comment

How Far Can the Government Go to Search Your Computer? The Fourth Amendment in the Digital Era

Finally…a case that is not connected to the Galleon insider trading investigation, or SAC Capital or, any of the usual white-collar suspects.  In Galpin, the Second Circuit addressed the scope of the government’s search of a defendant’s computer hard drive, … Continue reading

Posted in Appeal, Plea Agreement, Search warrant | 1 Comment