Tampa Criminal Defense Attorney
reports severe limits in Computer Search Warrants
and Searches – Another court has laid out detailed procedures for issuance and execution of search warrants for computers that contain files outside the scope of a search warrant. The court ruled that the Government cannot rely on the Fourth Amendment’s plain-view doctrine in cases where the investigators rely on the intermingling of computerized records to justify a broad seizure and examination of electronically stored records. United States v.Comprehensive Drug Testing Inc., 9th Cir.(en banc), No. 05-10067 (8/26/09).
The court states, “The process of segregating electronic data that is seizable from that which is not must not become a vehicle for the government to gain access to data which it has no probable cause to collect.” The plain-view doctrine is an issue courts have been struggling with.
Detailed procedures for searches of computer electronic data:
1. The government must not rely on the plain view doctrine in digital evidence cases.
2. Search must be either done by specialized personnel with a procedure to prevent disclosure investigators of information that is not the target of the warrant.
3. The government’s search method must be designed to uncover only the information for which it has probable cause.
When Computers Land in Court, We Can Help – Tell Me Your Story Toll Free – 1-877-793-9290.
Tampa Criminal Defense Attorney on Computer Forensic Searches and Warrants
A new CyberCrime Unit was officially opened in the Bay area Wednesday. The Jacksonville unit opened last year. The Tampa unit will perform online investigations of potential child predators. Other offices are in Orlando and Fort Lauderdale. The unit will expand to 56 people throughout the state. The program hopes to provide support for local law enforcement agencies for investigating, arresting and prosecuting Internet predators and child pornographers.
Fort Myers, Tallahassee and Pensacola are also scheduled to open in the next several months.
W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial Lawyer, an expert, available to help in these complex computer cases at 1-877-793-9290.
The RIAA Recording Industry Association of America used the same file-sharing software that online pirates use, an RIAA representative said during a private demonstration of how it caught alleged music pirates.
The RIAA uses LimeWire.The RIAA has a list of songs owned by the RIAA’s members. Media Sentry, runs copies of the LimeWire program and performs searches for those copyrighted song titles, to see if any are being offered by people whose computers are connected to the LimeWire network. The software lists IP address of active file sharers. The names of the people associated with particular IP addresses are not public, it is easy to find out which IP addresses are registered to each Internet-service provider. Using public databases, Media Sentry then locates the name of the Internet-service provider and determines which traders are located at colleges or universities.
Internet Computer Lawyer Tampa Florida
A Tampa federal judge has refused to dismiss a counterclaim filed in federal court by a USF student who accuses the recording industry of using deceptive tactics against USF students named in music downloading lawsuits.
The Tampa students accuse the RIAA, the recording industry of hiring private investigators to invade private computer networks. They also accuse the industry of using the court system as an investigative arm and then extorting money from people, using private information gained from the courts to force settlements.
The record companies have sued more than a dozen University of South Florida students, accusing them of illegal downloading. The RIAA suits and the threat of suits have caused at least 64 USF students to pay off thousands of dollars to settle music piracy complaints with record labels.
Tampa Attorney RIAA File Sharing