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Comment Re:What's to stop them? (Score 3, Interesting) 29

Actually, there is jurisprudence on this. In a physical warrant, you cannot search for material that is non-responsive.

An example I used in a term paper in law school* is two accountants, one who is old fashioned and only uses paper, the other is fully digital. Accountant 1 has kiddie porn on a videotape labeled "Vacation 2014". Accountant 2 has kiddie porn in a file called "My Vacation 2014.mp4".

Both are served with warrants for tax fraud. The search of Accountant 1's premises cannot examine the videotape, as it is clearly non-responsive to the warrant. The search of Accountant 2's computer finds the illegal material in the MP4 under the "plain sight" doctrine.

It is obvious that the law needs to evolve to address this sort of issue.

* Disclaimer, I am not a lawyer. I am not licensed to dispense legal advice. Should you need legal advice, please consult an attorney licensed in your jurisdiction.

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