Client Alerts
June 07, 2016

En Banc Second Circuit Reinstates Conviction Despite Government Retention of ESI

This alert examines the recent Second Circuit en banc ruling in United States v. Ganias, 2016 WL 3031285, _ F.3d _ (2d Cir. May 27, 2016), which reversed the 2014 decision of a three-judge Second Circuit panel, and held that a search of electronically stored information, which had been collected under a prior search warrant executed years earlier for a different offense, was made in good faith and that the resulting evidence should not have been suppressed. The en banc Court noted but did not reach the substantive Fourth Amendment issues, setting the stage for future arguments on how the government should treat non responsive electronic information seized through search warrants of computers and other electronic devices.

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