| I've agreed that the hypothetical search warrant you outlined would be too broad to be enforceable, but I disagree that the search warrant in this case was necesarilly this broad. I'm not saying it wasn't, I'm saying that it is not a requirement that it was. I disagree that siezing adjacent blades is just as nonsensical as seizing adjacent computers. I think it's unfortunate, and suboptimal; but I don't think they are the same. If the search warrant had nothing to do with computers, let's say it was for a silver Motorola Razr. The FBI enters the premises and finds a bucket with ten silver Motorola Razr's. Their job is then to try and determine which specific Razr they are looking for. You can be sure that it's within the realm of possibility that they'd sieze all of them, and then later determine which ones are unrelated. You can argue, "but then the search warrant should have to be more specific, it should have to have the serial number of the specific Razrs on it", to which I'd agree, that'd be nice. Computer-related search warrants are almost always executed with only the originating IP address and the location to which the IP address was established to be at. Assuming that they took all the blades (which again, we have no idea one way or the other), I agree it would have been nice to know ahead of time that the specific blades associated with the target were X. I'm not sure that the lack of that specificity of information makes it impossible for them to execute the search warrant. But basically we're lambasting the FBI for something we have no idea if they've even done, without any actual information about the contents of the raid. I'm trying to keep in mind that it's actually possible (even if not likely) that their actions in this raid were not incorrect. |