Brief filed: 07/29/2015
United States v. Ganias
2nd Circuit Court of Appeals; Case No. 12-240 (rehearing en banc)
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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