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S.D.N.Y.: Affidavit for SW was disclosed in part on government's claim it shouldn't be

By John Wesley Hall, Jr.

S.D. N.Y. holds that the affidavit for a search warrant was subject to the common law disclosure of judicial records, but part of it would be redacted on a balancing of competing interests. United States v. All Funds on Deposit at Wells Fargo Bank in San Francisco, 2009 U.S. Dist. LEXIS 71864 (S.D. N.Y. August 11, 2009): Although the Government's publicly filed memorandum of law asserts these considerations only conclusorily, it has also submitted, ex parte and under seal, a declaration by the Special Agent who signed the subject affidavits which explains the Government's position in some detail and attaches a number of exhibits, including the affidavits themselves. See Conte Decl. For the reasons set forth in a separate Sealed Ex Parte Memorandum Opinion, the Court finds that the sensitivity of the Government's ongoing investigation and the potential that premature disclosure may thwart further seizures are compelling reasons constituting countervailing factors sufficient to require the redaction of certain portions of the subject affidavits and the Conte Declaration, although certain portions of those documents will be unsealed at this time...continue to full post

Full post as published by Fourth Amendment on August 19, 2009 (boomark / email).