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D.Alaska: Moving computer mouse during protective sweep to look at computer was unreasonable

By John Wesley Hall, Jr.

A FedEx package with drugs was shipped from Oakland to Anchorage, and FedEx discovered that the package contained drugs, and the police were called in. A controlled delivery was conducted, and the package was delivered and then moved from one place to another. The police followed and secured the premises where the package moved. This was reasonable under McArthur. However, during the protective sweep, officers moved the mouse on the house computer to activate the screen and saw they were looking at the FedEx website and the tracking number of the package. That exceeded the protective sweep. United States v. Lawson, 2011 U.S. Dist. LEXIS 21596 (D. Alaska March 3, 2011): The government does not explain by evidence how the computer screen could reveal the web page for FedEx tracking without the “mouse” being moved particularly with a screen saver that placed the screen in rest mode while not in use...continue to full post

Full post as published by Fourth Amendment on March 07, 2011 (boomark / email).