In Re: Matter of Search Warrant Issued & Executed on 3-30-09, at the Residence of Movant Riccardo Calixte

Joint Notice of Return of Property

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A Boston College computer science student has asked a Massachusetts court to quash an invalid search warrant for his dorm room that resulted in campus police illegally seizing several computers, an iPod, a cell phone, and other technology. EFF is representing the student, who has petitioned the court for the immediate return of his property and is demanding that investigators be prohibited from any further searches or analysis of his digital data.

On April 21, a Newton District Court judge denied EFF's motion to quash. Next up will be an appeal of the District Court ruling. On April 27, EFF appealed the District Court's written order of April 22 to the Massachusetts Supreme Judicial Court.

Outcome: On May 21, 2009, the Supreme Judicial Court for the County of Suffolk granted EFF's motion to quash the warrant, to immediately halt any examination of Mr. Calixte's property, and for the return of that property, agreeing that no probable cause existed to support the issuance of the warrant.

This is the Joint Notice of Return of Property.

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