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by gte910h 5477 days ago
It is a 4th amendment issue: That's why they can't just take the server of people not under investigation...
1 comments

Right, but for the courts the question is, did they intend to violate the 4th or did they just screw up? Intent matters - in this case, whether they intended an unwarranted seizure of the server racks or if they just screwed up. Because they had a valid warrant to seize some servers from that data center, I think you'd have a really difficult time pressing the case that they Intended to violate the 4th amendment rights of the other people whose servers were on those racks. Negligence, on the other hand, is a much, much lower bar, much easier to prove in these circumstances, and should be adequate to secure damages - and frankly, I've got a lot easier time believing it was negligence in this case than an intentional violation of the other individuals' 4th amendment protections.
"Uh sorry, I didn't mean to do that."

"Oh, phew, carry on."

You're kidding me, right?