Nov. 29, 2024
9th Circuit finds no good faith exception justifying warrantless examination of contraband images
In United States v. Holmes, the Ninth Circuit ruled that law enforcement violated the Fourth Amendment by warrantlessly opening electronic files from internet providers to check for child pornography, rejecting both the good-faith and inevitable discovery exceptions due to a lack of binding precedent and lawful alternative discovery.
Dmitry Gorin
Partner, Eisner Gorin LLP
Alan Eisner
Partner, Eisner Gorin LLP
Robert Hill
Associate, Eisner Gorin LLP
In criminal cases with search warrants that allow law enforcement to seize phones and other digital devices during investigations for possession and/or distribution of unlawful pornography, it is extremely important to closely examine the stated probable cause. Even when mistakes are identified in the warrant, the fallback argument of the government is the good-faith exception. However, when officers fail to obtain a search warrant before examining private information, the gove...
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