Updated Model Motion to Suppress For Unlawful Internet Preservation
As regular readers know, I am very interested in how the Fourth Amendment applies to Internet preservation—the practice, applied to a vast number of Internet accounts every year, of the government having Internet providers run off copies of accounts without cause and holding the copes in case the government comes back with a warrant. As I explained in this 2021 article, I think there are significant Fourth Amendment limits on preservation that governments are currently ignoring.
But it’s not just a theory; it’s also a brief! Last year I posted a draft motion to suppress for criminal defense lawyers to file in preservation cases, and I recently updated the motion and have posted the updated versions here: .pdf draft motion to suppress (or, to download the word version to edit and file
Article from Reason.com
