title: “Preemptive Suppression” – Judges Claim the Right to Find Digital Evidence Inadmissible Before It Is Even Discovered
abstract: Vermont state prosecutors have asked the Vermont Supreme Court to end a state trial judge’s practice of attaching conditions to computer warrants. The Vermont judge’s conditions are drawn from five conditions established in the 2009 decision of the 9th Circuit Court of Appeals in the Comprehensive Drug Testing, Inc. case (CDT II). This is the first time the validity of the “CDT conditions” will be decided by a state court of final jurisdiction in the United States
journal: The journal of digital forensics, security and law