Here are footnotes:
1 The exception to this production back to the Government would be any documents deemed outside the
scope of the search warrant, as revealed through an examination of the sealed affidavit purporting to provide
probable cause. As will be discussed supra, ERHC must examine the sealed affidavit in order to fully determine whether, and to what extent, the wholesale imaging of all computers at ERHC office’s exceeded the scope of the warrant. Any such data or documents would be submitted to the Court for review and determination as to scope.
2 As a result of the sealed Griffin Affidavit, ERHC is requesting only the return of privileged documents
under Rule 41 at this time. ERHC reserves the right to seek the return of additional documents after it reviews the
Griffin Affidavit.
3 See United States v. Oliver, 2000 WL 263954, at *2 (4th Cir. Mar. 9, 2000); In re Search of the Offices of
Stephen Amato, No 05-MJ-05-B, 2005 U.S. Dist. LEXIS 6870, at *11 (D. Me. Apr. 14, 2005), aff’d 2005 U.S. Dist.
LEXIS 17098 (D. Me. Aug. 15, 2005); In the Matter of the Search of 8420 Ocean Gateway, 353 F. Supp. 2d 577 (D.
Md. 2004), aff’d 353 F. Supp. 2d 584, 588 (D. Md. 2004); In re Search Warrant for 2934 Anderson Morris Rd., 48
F. Supp. 2d 1082, 1083 (N.D. Ohio 1999); In re Search of Up N. Plastics, 940 F. Supp. 229, 232 (D. Minn. 1996);
In re Search Warrants Issued Aug. 29, 1994, 889 F. Supp. 296, 301 (S.D. Ohio 1995); Sloan v. Sprouse, 968 P.2d
1254, 1258 (Okla. Crim. App. 1998).
4 See also Amato, 2005 U.S. Dist. LEXIS 6870, at *11 (D. Me. Aug. 15, 2005) (“The Fourth Amendment
commands that warrants not issue save upon probable cause . . . . That language implies a right, in a person whose
property has been subjected to search and/or seizure pursuant to a warrant, to challenge whether the warrant was in
fact predicated on probable cause. That, in turn, implies a right to view the underlying materials that purportedly
established probable cause for the search.”); In re Search of Up N. Plastics, 940 F. Supp. at 232 (D. Minn.) (“This court concludes that a person whose property has been seized pursuant to a search warrant has a right under the
warrant clause of the Fourth Amendment to inspect and copy the affidavit upon which the warrant was issued.”).
AI
