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M.D. Pa.: Warrant for documents justified seizure of computer found at scene

By John Wesley Hall, Jr.

Franks violation fails because, even if the omitted information was included, PC was still present. The warrant was not general because there was no unfettered discretion in the executing officers. The warrant sought documents, and finding a computer at the scene justified a seizure of the computer. United States v. Dieu Phan, 2009 U.S. Dist. LEXIS 43849 (M.D. Pa. May 21, 2009): Likewise, the seizure of the computer was also justified. The search warrant authorized the seizure of documents related to Lynda Dieu Phan's business and payroll. Computers often contain documents related to business. Moreover, in this case, the computer was found in Lynda Dieu Phan's home office, in which the agents discovered many documents related to Lynda Dieu Phan's business...continue to full post

Full post as published by Fourth Amendment on May 28, 2009 (boomark / email).