Publications

08.01.17 | Articles

Executing Search Warrants in the Digital Age: 'United States v. Wey'

New York Law Journal

A recent high-profile Fourth Amendment victory for the defense in Southern District of New York case United States v. Wey provides an occasion to assess how courts are applying search and seizure precedents to today's “big data.” In this article, we consider Wey in light of other recent decisions in the Second Circuit. These cases demonstrate that the government’s tendency to use broadly-worded search warrants, combined with uncertainty regarding what meets the Fourth Amendment test of “reasonableness” for off-site reviews of electronic files, continues to raise vexing issues for prosecutors, defense counsel, and courts in white collar criminal cases.

Executing Search Warrants in the Digital Age: 'United States v. Wey' (PDF | 375.28 KB)