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Second Circuit — Fourth Amendment Seizure: United States v. Granias

U.S. Court of Appeals for the Second Circuit 

Fourth Amendment Seizure

Personal Records — Juror Comments on Facebook

United States v. Granias
12-240-cr
Judges Hall, Chin and Restani

Background: The defendant appealed from his conviction of tax evasion. He argued that the seizure of his personal computer records was in error as the warrant called for his business records. He also argued that a juror’s comments about the trial on the juror’s Facebook page warranted a new trial.

Ruling: The Second Circuit held there was no abuse of discretion with respect to the Juror’s comments. However, the defendant’s Fourth Amendment rights were violated by the unauthorized retention of his personal files.

Sarala V. Nagala, assistant United States attorney, for the appellee; Stanley A. Twardy Jr. of Day Pitney for the defendant-appellant