E-Data And The 'All Records' Exception

Law360, New York (March 21, 2011, 1:25 PM EDT) -- The developing law regarding seizures of electronic data, particularly when combined with the government’s ability to seize “all records” of an allegedly illegitimate business, can present a veritable perfect storm for a corporate client. Courts and commentators have consistently opined that traditional Fourth Amendment principles governing the seizure of physical evidence are ill suited to the process of searches and seizures of hard drives, email accounts and other electronic data.

But if it is apparent that the old rules do not apply, it is equally clear...
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