Michael Price

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Michael Price serves as counsel for the Brennan Center’s Liberty and National Security Program, which seeks to ensure that our government respects human rights and fundamental freedoms in conducting the fight against terrorism. Mr. Price has worked to oppose discriminatory surveillance practices, developed legislation to create an independent Inspector General for the NYPD, and authored numerous amicus briefs on behalf of the Brennan Center and others in cases involving electronic surveillance and privacy issues. Mr. Price is a frequent commentator on national security issues for media outlets including ABC, CBS, NBC, The Guardian, MSNBC, Salon, Huffington Post, Al-Jazeera, NPR, The Hill, Roll Call, and the New York Daily News. He has published widely in academic outlets and is the author of National Security and Local Police (2013) and Rethinking Privacy: Fourth Amendment “Papers” and the Third-Party Doctrine (2016). Before joining the Brennan Center, Mr. Price was the National Security Coordinator for the National Association of Criminal Defense Lawyers, where he provided legal assistance for the defense of detainees in the military commissions at Guantanamo Bay. Mr. Price also engaged in litigation and public advocacy on issues related to privacy, electronic searches and surveillance, and government secrecy. He holds a J.D. from NYU School of Law and a B.A. from Columbia University in Political Science and Middle East & Asian Languages and Cultures.

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Criminal Law: Procedural

Did the Fourth Amendment Require the FBI to Selectively Seize Weiner’s Emails?

Thanks to forensic software, investigators usually do not need to seize all of the data on a computer and can instead selectively copy portions for later analysis and use at trial. This raises the question: did the FBI violate the Fourth Amendment in seizing Huma Abedin’s emails instead of confining the seizure to Anthony Weiner’s communications?