Fourth Circuit Strongly Suggests Including Temporal Limitations on Search Warrants for Social Media Account Information

Earlier this year, the Fourth Circuit decided United States v. Zelaya-Veliz, 94 F.4th 321 (4th Cir. 2024). Phil summarized it here when it came out, but we thought it merited its own post because of its extended discussion of how the Fourth Amendment applies to search warrants for social media account information. The court’s discussion of the need for temporal limitations in such warrants is especially noteworthy, as is the court’s analysis of the scope of the information seized pursuant to the warrants approved by the court. We’ll start with a recap of the case, and then end with some thoughts for law enforcement and prosecutors, and for defenders. The investigation. The defendants in this case were associated with MS-13, an international criminal gang. A 13-year-old girl, who the opinion calls Victim-2, was staying at a youth shelter and decided to leave the shelter. Another girl suggested that they seek refuge with her contacts in MS-13. Various MS-13 members initiated Victim-2 into the gang by beating her with a metal baseball bat. She was then moved between gang members for the ensuing six weeks, during which time she was plied with drugs and alcohol, threatened with death, and repeatedly sold for sex. Victim-2 escaped and met with local law enforcement. She identified and was able to help locate another minor being trafficked by the men. Eventually, the matter was turned over to the FBI. Relying on information from local law enforcement’s investigation, the lead agent discovered that the suspects were likely [...]