How have courts interpreted a warrant to search a person's Facebook account?

MultiRegion, United States of America

The following excerpt is from United States v. Flores, 802 F.3d 1028 (9th Cir. 2015):

United States v. Camacho, 368 F.3d 1182, 1183 (9th Cir.2004). Flores contends that the district court erred because (1) the warrant to search her Facebook account was not supported by probable cause and was stale; (2) the warrant was overbroad; and (3) the search exceeded the scope of the warrant. We reject each argument in turn.

Probable cause is established if an affidavit presents a fair probability that evidence of criminal activity will be found in the place to be searched. Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). We give[ ] great deference to an issuing judge's finding that probable cause supports the warrant and review for clear error. United States v. Grant, 682 F.3d 827, 832 (9th Cir.2012). We will not find a search warrant invalid so long as the issuing judge had a substantial basis for concluding that the supporting affidavit established probable cause. United States v. Crews, 502 F.3d 1130, 1135 (9th Cir.2007).

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