Analysis of Richman v. United States: Federal Court Orders Return of Unlawfully Retained Digital Files
In a landmark digital privacy ruling, U.S. District Judge Colleen Kollar-Kotelly ordered the FBI to return electronic files seized from Columbia law professor Daniel Richman, finding the government’s warrantless 2025 search violated the Fourth Amendment. The December 12, 2025 decision addresses critical questions about how long federal law enforcement can retain copies of digital devices after investigations close and what safeguards protect against unconstitutional searches. The case arose from the FBI’s “Arctic Haze” investigation into potential classified information leaks by former FBI Director James Comey. After obtaining search warrants in 2019-2020 to examine Richman’s computer, emails, and iCloud accounts, the government closed that investigation in 2021 without filing charges. Four years later, FBI agents conducted a warrantless search of the retained files during a new Comey investigation—a search the court found “manifestly unconstitutional.” The court’s remedy balances constitutional protections with law enforcement needs: all copies of Richman’s files must be returned, but one copy may be deposited under seal with the Eastern District of Virginia court for potential future access pursuant to a valid warrant. This framework reinforces that the Fourth Amendment’s warrant requirement applies not just to initial seizures but to subsequent searches of retained digital evidence. The decision has significant implications for digital privacy rights, government data retention policies, and investigations involving sensitive attorney-client communications.
Source: https://www.wichitaliberty.org/politics/fbi-fourth-amendment-violation-warrantless-digital-search-richman-comey/
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