United States v. McLamb

Brief of Amici Curiae Electronic Frontier Foundation and the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant.

Brief filed: 06/27/2017

Documents

United States v. McLamb

4th Circuit Court of Appeals; Case No. 17-4299

Prior Decision

On Appeal from the United States District Court for the Eastern District of Virginia, Norfolk Division, Case No. 2:16-cr-00092-RBS.

Argument(s)

The warrant failed to particularly describe what was being searched and where those searches would occur. Particularity was critical given the series of invasive searches and seizures carried out each time the malware was deployed. Other constitutionally suspect types of warrants offer far more particularity than the warrant here.

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Author(s)

Cindy Cohn, Mark Rumold, and Andrew Crocker, Electronic Frontier Foundation, San Francisco, CA; Elizabeth A. Franklin-Best, NACDL, Columbia, SC.