Holding in Mansor:
"...to meet the particularity requirement of Article I, section 9, a warrant to search for and seize a computer—and to search the computer itself for information related to a crime—must be based on probable cause to believe that such evidence will be found on the computer and must describe the information the state seeks (the "what") with as much specificity as reasonably possible under the circumstances, including, if available and relevant, a temporal description of when the information was created, accessed, or otherwise used. As a practical matter, a forensic examination of the computer that reasonably seeks to discover the evidence described in the warrant may reveal evidence that is beyond the scope of the warrant. We also hold that, because of the possibility that a computer search will uncover information that is not authorized by the warrant, a defendant's Article I, section 9, privacy rights prevent the state from using such information unless it comes within an exception to the warrant requirement."
State v. Mansor, 363 Or. 185, 222-23 (Or. 2018)(emphasis added)
Comments
Holding in Mansor: "...to meet the particularity requirement of Article I, section 9, a warrant to search for and seize a computer—and to search the computer itself for information related to a crime—must be based on probable cause to believe that such evidence will be found on the computer and must describe the information the state seeks (the "what") with as much specificity as reasonably possible under the circumstances, including, if available and relevant, a temporal description of when the information was created, accessed, or otherwise used. As a practical matter, a forensic examination of the computer that reasonably seeks to discover the evidence described in the warrant may reveal evidence that is beyond the scope of the warrant. We also hold that, because of the possibility that a computer search will uncover information that is not authorized by the warrant, a defendant's Article I, section 9, privacy rights prevent the state from using such information unless it comes within an exception to the warrant requirement." State v. Mansor, 363 Or. 185, 222-23 (Or. 2018)(emphasis added)