United States v. Ganias

Amicus Curiae brief of the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant and Urging Reversal.

Brief filed: 07/29/2015


United States v. Ganias

2nd Circuit Court of Appeals; Case No. 12-240 (rehearing en banc)

Prior Decision

Panel decision at 755 F. 3d 125 (2nd Cir. 2014).


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.

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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.