Legal Opinion

United States v. Gurczynski

Court of Appeals for the Armed Forces

Decided July 24, 2017No. 17-0139/ARPublishedCited by 7 opinions

1Opinion of the Court

Judge RYAN

delivered the opinion of the Court.

It is unlikely that the Government would argue it is constitutionally reasonable to search a home based on a warrant previously issued for a crime the homeowner had already been convicted of, and to also direct the searchers to look for evidence of offenses not named in the warrant. In this case, however, the Government asserts the right to do just that, but for a portable hard drive (thumb drive) rather than a home. We recognize the differences between a home and a thumb drive and the unique challenges in applying the Fourth Amendment in a digital…

2Cases cited25 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  4. United States v. JacobsenSupreme Court of the United States · 1984
  5. Horton v. CaliforniaSupreme Court of the United States · 1990

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3Cited by7 opinions

  1. Randolph v. HV and United StatesCourt of Appeals for the Armed Forces · 2017
  2. People of Michigan v. Kristopher Allen HughesMichigan Supreme Court · 2020
  3. United States v. EppesCourt of Appeals for the Armed Forces · 2018
  4. United States v. EppesCourt of Appeals for the Armed Forces · 2018
  5. United States v. GarciaCourt of Appeals for the Armed Forces · 2020

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