I think what may be the interesting question here is that the police may have taken far more information then would be necessary for evidence gathering, thus constituting unreasonable search and seisure. The EFF article also notes that the search warrant doesn't state a probable cause for why Chen should have been searched, and why specific materials should be searched in relation to the presumed crime (which they don't actually state). From what I gather, this could make the evidence they gather (if any) inadmissable in court.
What's more, since the constitution guarantees freedom of the press if Chen is considered to be a member of the press that would likely make his 4th Amendment protections more stringent. The article points out that last year the 9th Circuit adopted pretty specific rules about what could be searched and those rules will likely have to be followed.
Even if Chen committed a crime I think that this was indeed an over-reaction. The use of a broad search warrant could make all evidence gathered inadmissable in court and turn this into a circus of finger-pointing.
I think what may be the interesting question here is that the police may have taken far more information then would be necessary for evidence gathering, thus constituting unreasonable search and seisure. The EFF article also notes that the search warrant doesn't state a probable cause for why Chen should have been searched, and why specific materials should be searched in relation to the presumed crime (which they don't actually state). From what I gather, this could make the evidence they gather (if any) inadmissable in court.
What's more, since the constitution guarantees freedom of the press if Chen is considered to be a member of the press that would likely make his 4th Amendment protections more stringent. The article points out that last year the 9th Circuit adopted pretty specific rules about what could be searched and those rules will likely have to be followed.
Even if Chen committed a crime I think that this was indeed an over-reaction. The use of a broad search warrant could make all evidence gathered inadmissable in court and turn this into a circus of finger-pointing.