Amicus Brief: Commonwealth of Massachusetts v. Michael E. Bryant

Details

Author(s):
Publish Date:
December 15, 2005
Format:
Brief
Citation(s):

  • Phil Malone, Bruce P. Keller, and Cyberlaw Clinic, Amicus Brief: Commonwealth of Massachusetts v. Michael E. Bryant (December 15, 2005) (Mass. App. Ct. No. 2005-P-0375) (in support of appellee Commonwealth of Massachusetts).

Attachment(s):
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Abstract

Issue Presented for Review:

Should the application of Massachusetts GeneralLaw, Chapter 276, § 3A, which requires search warrants to be executed and returned within seven days ofissuance, be expanded to also require that the complex and time-consuming forensic review and analysis of thecontents of a computer seized pursuant to a warrant be completed within the same seven-day period?
Conclusion:

For the reasons set forth in the brief, the Court is urged not to take the unprecedented and extremely disruptive step of expanding the application of § 3A’s seven-day warrant-return rule to the forensic analysis of the contents of a properly seized computer.