In Re: Matter of Search Warrant (Boston College)
A Boston College computer science student has asked a Massachusetts court to quash an invalid search warrant for his dorm room that resulted in campus police illegally seizing several computers, an iPod, a cell phone, and other technology. EFF is representing the student, who has petitioned the court for the immediate return of his property and is demanding that investigators be prohibited from any further searches or analysis of his digital data.
On April 21, a Newton District Court judge denied EFF's motion to quash. Next up will be an appeal of the District Court ruling. On April 27, EFF appealed the District Court's written order of April 22 to the Massachusetts Supreme Judicial Court.
Outcome: On May 21, 2009, the Supreme Judicial Court for the County of Suffolk granted EFF's motion to quash the warrant, to immediately halt any examination of Mr. Calixte's property, and for the return of that property, agreeing that no probable cause existed to support the issuance of the warrant. More here.
Documents
Court Documents
- May 21, 2009 Supreme Judicial Counsel Order Granting Calixte's Motion to Quash and for Return of Property[PDF, 514.28 KB]
- May 14, 2009 Joint Notice of Return of Property[PDF, 97.55 KB]
- May 12, 2009 Commonwealth's Surreply In Opposition to Calixte's Expedited Application for Leave to Appeal[PDF, 292.02 KB]
- May 8, 2009 Calixte's Reply In Support of Expedited Application for Leave to Appeal[PDF, 35.94 KB]
- May 4, 2009 Commonwealth's Opposition to Calixte's Expedited Application for Leave to Appeal[PDF, 1.57 MB]
- April 27, 2009 Calixte's Expedited Application for Leave to Appeal[PDF, 60.85 KB]
- April 22, 2009 District Court Order Re: Motion for Emergency Relief to Quash Search Warrant and for Return of Property[PDF, 101.08 KB]
- April 21, 2009 Commonwealth's Memorandum in Opposition to Motion to Quash[PDF, 3.27 MB]
- April 10, 2009 Calixte's Memoradum in Support of Motion to Quash[PDF, 349.66 KB]
- Motion for emergency relief[PDF, 309.09 KB]
- Exhibit A[PDF, 5.26 MB]
- Exhibit B[PDF, 154.76 KB]
- Exhibit C[PDF, 2.55 MB]
- Kessel declaration[PDF, 362.95 KB]
Press Releases
- May 22, 2009 Judge Rules Dorm Room Search for Evidence of Prank Email Illegal
- April 13, 2009 Computer Science Student Targeted for Criminal Investigation for Allegedly Sending Email
Deeplinks Posts
- September 17, 2009 Ninth Circuit Holds Disloyal Computer Use Is Not A Crime
- May 22, 2009 Massachusetts Supreme Judicial Court Tosses Out Warrant in Boston College Case, Says No Probable Cause Existed
- April 14, 2009 Boston College Campus Police: "Using Prompt Commands" May Be a Sign of Criminal Activity [updated below]
In The News
- COMPUTERWORLD | May 27, 2009 BC student to get his computers back after high court throws out search warrant
- BOSTON GLOBE | May 26, 2009 Police return electronic gear to BC student
- ASSOCIATED PRESS | May 13, 2009 Boston College student challenges computer seizure
- LINUXINSIDER | April 20, 2009 College Police Target Linux User; Bloggers Up in Arms
- CHRONICLE OF HIGHER EDUCATION | April 15, 2009 After Police Confiscate His Computer, Boston College Student Fights Back
- COMPUTERWORLD | April 16, 2009 BC student fights warrant seizing his computer
- ZDNET | April 15, 2009 Apparently, using Linux is a crime at Boston College
- BOSTON GLOBE | April 15, 2009 BC senior fights seizure of his computer
- TECH DIRT | April 14, 2009 Use A Command Line At Boston College... Have Your Computer Equipment Confiscated
- CNET NEWS.COM | April 13, 2009 Computer science student challenges tech seizure
