Criminal Procedure

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Session Type: Section Programs

Session Capacity: N/A

Location: Marriott Marquis Washington, DC

Room: Catholic University Room

Floor: Level M1

It is common for a search warrant relating to a cell phone, computer, or cloud-based account to authorize seizure of all electronically stored information (ESI) obtainable from that source, which is then subjected to forensic analysis. The speakers will engage in a roundtable discussion, that invites audience participation, of whether such “ESI warrants” are a contemporary equivalent of the “general warrants” that the 4th amendment intended to prohibit. The program will then address whether there are effective judicial remedies for possible 4th amendment violations arising out of ESI warrants, and explore the possibility of addressing the issue through legislative initiatives.