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 …


Originally posted on Volokh

 
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