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TX3: No REP in a LEO's thumb drive left in a police station computer

By John Wesley Hall, Jr.

Defendant police officer had no reasonable expectation in a thumb drive that he left attached to a computer at the police station that had no identifying marks on it and was not encypted. He stored police reports on it. When the thumb drive was found in the computer, it was opened by another to figure out who owned it, child pornography was found on it. Miller v. State, 2011 Tex. App. LEXIS 1752 (Tex. App.—Austin March 9, 2011): The first factor supports Miller's position. Miller testified that the thumb drive was his "private possession," and the State did not dispute this fact. Thus, Miller had a possessory interest in the thumb drive. However, the other relevant factors weigh against a finding of objective reasonableness. Although Miller testified that he did not share his thumb drive with others, he also testified that he had given Lieutenant Corbett permission to return the thumb drive to his box if it was ever found...continue to full post

Full post as published by Fourth Amendment on March 15, 2011 (boomark / email).