United States v. Ganias
Brief Details
- Case No.: 12-240 (rehearing en banc)
- Brief Filed: July 29, 2015
- Jurisdiction: 2nd Circuit Court of Appeals
Key Topics in the Brief
Briefs
Prior Decision
Panel decision at 755 F. 3d 125 (2nd Cir. 2014).
Argument(s)
The prohibition on general warrants under the Fourth Amendment bars retention of non-responsive seized electronic materials. The Government’s seizure and indefinite retention of Mr. Ganias’s files transformed a limited warrant into a forbidden general warrant and thereby violated the Fourth Amendment. Permitting the Government to rifle through and retain confidential non-responsive electronic documents amounts to the modern equivalent of allowing “officers to rummage through homes” – the precise practice that was so abhorrent to the Founding Fathers.
Author(s)
Richard D. Willstatter, Green & Willstatter, White Plains, NY; Maranda E. Fritz and Eli B. Richlin, Thompson Hine LLP, New York, NY; Joel B. Rudin, Law Offices of Joel B. Rudin, New York, NY.
