Does Georgia v. Randolph Apply to Computers?
May 11th, 2010 admin
(Orin Kerr) In Georgia v. Randolph , the Supreme Court held that the government cannot search the premises based on the consent of one occupant if another occupant of the same premises is present and objects to the search. The Third Circuit recently decided an interesting question: Does Randolph apply to a seizure of a computer found in the home? In other words, if no occupant objects to the search of the home, but an occupant objects to the taking away of a shared computer found in the home, can the occupant block the seizure of the shared computer? No, said the Third Circuit in United States v. King . Expressly disagreeing with …
Related Posts
Here, Troy D. Cahill of Akin Gump previews Dillon v. United States , in which the Court will hear oral arguments tomorrow morning. Check the Dillon v. United States (09-6338) SCOTUSwiki page for additional updates. Throughout the country, thousands of defendants are incarcerated as a result of having been convicted for a federal offense involving...
Via John Wesley Hall at the Fourth Amendment Blog , courtesy of Liberty and Justice For Y’all , the 5th Circuit decision in United States v. Garcia brings up an old shocker, when the consent search winds up with the cops dismantling a car on the side of the road. The scope of a consensual search may be limited by the expressed object of...
The federal computer crime statute criminalizes accessing a computer “without authorization” or “exceeding authorized access,” with the important caveat that no one seems to know what it mean to access a computer “without authorization” or to “exceed authorized access.” See 18 U.S.C. 1030. The concepts are particularly tricky in the...
Given my opposition to Orin Kerr’s ” technology neutral approach ” to the application of search and seizure law to technological advancement, largely due to my belief that the 4th Amendment is a bundle of exceptions in search of rule, and that Orin’s approach will leave us with no meaningful protection at all, the question...
Within minutes of President Barack Obama signing health care reform into law, the attorney general of Virginia (and maybe 13 other states) will file suit against the United States of American to block imposition of the mandate as being unconstitutional.
Read More →
Looking for confidential minded person that is a people person and well manicured. We do some work with the adult entertainment business so it is not for everyone. Looking for the classic super manicured secretary at a younger progressive firm. – a Craigslist ad for a legal secretary in northern New Jersey New Jersey – Craigslist –...
In his vigorous dissent from denial of rehearing en banc in United States v. Lemus , linked to by Eugene below, Judge Kozinski writes: Government encroachment into the home, which I lamented three years ago in United States v. Black, 482 F.3d 1044, 1045–46 (9th Cir. 2007) (Kozinski, J., dissenting from the denial of rehearing en banc), has continued,...
(Orin Kerr) A while back, I blogged at length about the Third Circuit’s pending case involving government access to historical cell-site records. The issue in the case is what legal standard the government must satisfy to obtain orders requiring phone companies to disclose such information. The district court had ruled that a warrant was required,...
A federal judge whose writings on detainees’ rights have been repeatedly overturned by the Supreme Court suggested on Thursday that the Justices have given the D.C. Circuit Court no reason to reconsider a ruling barring any judge from ordering Guantanamo Bay prisoners sent to the U.S. to live, even temporarily. In fact, Senior Judge A. Raymond...
(Eugene Volokh) As I understand it, the SEIU picketing of the Bank of America executive’s residence took place in Montgomery County, Maryland . As it happens, that county has an ordinance that provides, “A person or group of persons must not picket in front of or adjacent to any private residence,” with “picket” defined as “to post a person...
Related Tweets from Twitter
|
aeg0707 (Ashley Elizabeth ) : Dear fourth estate - you're getting played. Love - 1st amendment "crisis".. Updated : 2010-09-10T01:08:56Z | Reply | View Tweet |
|
VolokhC (Eugene Volokh) : Podcast on GPS Surveillance, Open Fields, and the Fourth Amendment: I recorded it yesterday for the Legal Talk Net... http://bit.ly/ad2Fij.. Updated : 2010-09-10T00:23:45Z | Reply | View Tweet |
|
TopGPSReviews (Top Gps Reviews) : The Volokh Conspiracy Podcast on GPS Surveillance, Open Fields ... http://bit.ly/cuKvUc #gps.. Updated : 2010-09-09T21:13:57Z | Reply | View Tweet |
|
SamNeace (Sam Neace) : The Volokh Conspiracy Podcast on GPS Surveillance, Open Fields ...: Podcast on GPS Surveillance, Open Fields, an... http://bit.ly/9l8lA3.. Updated : 2010-09-09T21:08:44Z | Reply | View Tweet |
| ProtegoSS (Protego Security) : The Volokh Conspiracy Podcast on GPS Surveillance, Open Fields ... http://bit.ly/cncm9F.. Updated : 2010-09-09T20:52:11Z | Reply | View Tweet |
|
Related News from Digg
Leave a comment
| Trackback



















