9th Circuit Addresses Government Efforts to Seize Electronic Data

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Setting up a circuit split, the 9th Circuit full en banc court recently modified an earlier panel opinion which sets forth the criteria by which investigators and judges are to evaluate electronic data seized under a warrant that is either beyond the scope of the warrant or irrelevant. While attempting to strike the balance between privacy and law enforcement interests, some believe that the 9th Circuit has set up a likely review by the Supreme Court, which may ultimately weigh in on the appropriate limits placed upon law enforcement when attempting to seize electronic data from companies and individual targets.

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