Gregory Rosen Authors Law360 Article on Emerging Limits to Law Enforcement Retention of Digital Devices

Rogers Joseph O’Donnell, PC shareholder Gregory P. Rosen authored a Law360 article examining a possible shift in Fourth Amendment jurisprudence regarding the government’s continued retention of digital devices and data.

In “3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine,” Rosen analyzes a trio of recent opinions from federal courts in Washington, D.C., including Asinor v. District of Columbia, In re: Search of Twenty-Six Digital Devices, and the December 2025 decision in Richman v. United States. The rulings reflect a growing recognition that the Fourth Amendment’s prohibition on unreasonable seizures extends beyond the moment property is initially taken and applies throughout the government’s continued possession of digital evidence.

“This shift carries particular significance in the digital era, where the government routinely retains copies of devices and cloud-based data long after the original investigation has concluded,” Rosen writes.

The article explores how courts are increasingly scrutinizing the manner in which law enforcement retains digital data, particularly where investigations have ended or where retained materials are later accessed without new judicial authorization. Rosen also discusses the implications of these decisions for Rule 41(g) motions, warrant discipline and evidence-retention practices.

Find a PDF of the article here.

A member of RJO’s White-Collar Criminal Defense and Government Contracts Practice Groups, Rosen represents clients in criminal and regulatory matters involving the False Claims Act, particularly in the field of government contracts, procurement and federal fund recipient fraud. He also handles high-stakes financial and regulatory investigations, among other matters.