Can police seize data from a computer disk without obtaining a second search warrant?

A microcassette is by its very nature a device for recording information in general whether it be statistical information, conversations, past events, future plans, all of which come clearly within the specific authority of the warrant. The failure of the warrant to anticipate the precise container in which the material sought might be found is not fatal. (United States v. Gomez-Soto, supra at 655)

Similarly, in United States v. Lucas, 932 F.2d 1210 (8th Cir.1991), police [165 Misc.2d 880] seized an answering machine and its tape while executing a warrant that provided for the search and seizure of books, records and other papers relating to the distribution of controlled substances. The court found that the language in the warrant providing for the seizure of 'records' supported the seizure of the answering machine and its tape. The court rejected defendant's contention that the government needed a second search warrant to listen to the tape (United States v. Lucas, supra, at 1215 n. 9).

Although there are no published decisions involving the seizure of information from computer disks, research reveals three unpublished decisions in which courts have concluded that police may seize such information without obtaining a second warrant. In United States v. Sprewell, 936 F.2d 581 (9th Cir.Cal.) the search warrant at issue authorized police to search for any tally sheets or pay and owe sheets which tended to establish narcotics transactions. In executing the warrant, the officers seized a personal computer along with its programs and disks. The items were taken to police headquarters where a computer specialist helped find files in the computer's electronic memory that purportedly contained evidence of narcotics sales. The court upheld the search and seizure, stating