White Paper on Federal Use of Digital Evidence at George Floyd Protests

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Student white paper examines how federal law enforcement agencies used digital evidence to investigate suspected criminal activity during protests in Minneapolis-Saint Paul following George Floyd’s murder.

Samuelson Clinic students reviewed more than 100 warrant applications filed by federal law enforcement in the District of Minnesota in the months following the murder of George Floyd on May 25, 2020. These warrant applications describe many different types of digital evidence used by federal law enforcement, including geofences, historical and prospective cellphone data, Cell Site Simulators, Automated License Plate Readers, Snapchat information, Facebook information, surveillance video footage, and vehicle location tracking.

The white paper explains and analyzes the warrant applications to show how law enforcement agencies use digital evidence to investigate suspected criminal activity at mass events. It concludes that warrant materials have an important role to play in explaining law enforcement and court actions; that digital evidence is commonly used in investigations and to justify additional searches; and that warrant materials typically offer descriptions of how agents weave together multiple types of digital evidence.

The white paper also highlights the value of docket transparency. It is only because the District of Minnesota unsealed these warrants that the clinic was able to obtain and learn from them. The same analysis may not be possible in other jurisdictions that keep this information shielded from public view.