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In re Search of 3817 W. West End, First Floor, Chicago, Illinois 60621

321 F. Supp. 2d 953 (2004)

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In re Search of 3817 W. West End, First Floor, Chicago, Illinois 60621

United States District Court for the Northern District of Illinois

321 F. Supp. 2d 953 (2004)

Facts

The government applied for a search warrant for the residence of someone who was believed to be engaged in tax fraud in connection with the preparation and filing of federal income tax returns for others. The government sought authority to seize any computers found in the home before conducting an on-site search of their contents. The court authorized the government to seize any computers found at the residence but required the government to provide a protocol of how it would conduct the subsequent search to ensure that the search was reasonably designed to find documents related to the alleged tax fraud and would not consist of a random or general examination of a computer’s contents. Four days later, the government advised the court that the search had been conducted and a computer had been seized. The government requested that the court permit the government to search the computer without providing a protocol. The court denied the request, and the government filed a motion for reconsideration.

Rule of Law

Issue

Holding and Reasoning (Schenkier, J.)

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