IN RE SEARCH WARRANT

No. 10-479.

71 A.3d 1158 (2012)

2012 VT 102

In re Appeal of Application for SEARCH WARRANT.

Supreme Court of Vermont.

December 14, 2012.


Attorney(s) appearing for the Case

Thomas J. Donovan, Jr. , Chittenden County State's Attorney, Andrew R. Strauss , Deputy State's Attorney, Burlington, and William H. Sorrell , Attorney General, Evan P. Meenan and David E. Tartter , Assistant Attorneys General (On the Brief), Montpelier, for Petitioner.

Matthew Valerio , Defender General, Rebecca Turner , Appellate Defender and Marshall Pahl , Montpelier, for Amicus Curiae Office of the Defender General.

Dan Barrett , Montpelier, for Amicus Curiae American Civil Liberties Union Foundation of Vermont, Catherine Crump and Jason D. Williamson, New York, New York, and Jay Rorty, Santa Cruz, California, for Amicus Curiae American Civil Liberties Union Foundation, and Hanni M. Fakhoury, San Francisco, California, for Amicus Curiae Electronic Frontier Foundation.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.


DOOLEY, J.

¶ 1. In this complaint for extraordinary relief, we are asked to determine whether a judicial officer has discretion to attach ex ante or prospective conditions to a search warrant. The State petitions this Court to strike ten such conditions pertaining to the search of a personal computer, seized by police as part of an identity theft investigation. The State contends that the conditions exceed the judicial officer's authority under the Fourth Amendment...

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