The full U.S. Court of Appeals for the Second Circuit will tackle a Fourth Amendment issue on the use and retention of computer hard drives seized pursuant to a search warrant.
A majority of the circuit’s active judges Monday favored rehearing en banc a 2014 decision in which a divided panel held that the Fourth Amendment was violated where government investigators made copies of three computer hard drives that contained files beyond the scope of a search warrant, held them for more than two-and-a-half years, and then used them to obtain another warrant.
