NACDL - United States v. Owens

United States v. Owens

Brief of Amici Curiae Electronic Frontier Foundation, American Civil Liberties Union Foundation, ACLU of Wisconsin, Inc., and the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.

Brief filed: 09/12/2017

Documents

United States v. Owens

7th Circuit Court of Appeals; Case No. 17-1989

Prior Decision

On Appeal from the United States District Court for the Eastern District of Wisconsin, Case No. 16-cr-00038-JPS.

Argument

The warrant violated the Fourth Amendment because it failed to particularly describe what was being searched and where those searches would occur. Particularity was critical given the series of invasive searches and seizures carried out each time the malware was deployed. Other constitutionally suspect types of warrants offer far more particularity than the warrant here.

Author(s)

David Greene, Andrew Crocker, and Mark Rumold, Electronic Frontier Foundation, San Francisco, CA; Carol A. Brook, NACDL, Chicago, IL.