In a closely watched computer search and seizure case, the U.S. Court of Appeals for the Second Circuit, sitting en banc, reversed a three-judge panel’s decision and ruled the search permissible because it was done “in good faith.”
Without reaching the ultimate issue of whether the government’s actions violated the Fourth Amendment, a 12-1 majority held Friday that the government’s 2 1/2-year retention of seized hard drives, followed by a new search of them leading to a tax evasion conviction, was allowable.
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