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Sharing computer password with others gives them apparent authority to consent

By John Wesley Hall, Jr.

Password protected files have more privacy, but when the password is shared with others, the other has apparently authority to consent to a search of the protected files. United States v. Cole, 2008 U.S. Dist. LEXIS 57437 (D. Me. July 24, 2008): In the personal computer context, any limit on the authority of one user of a computer to consent to a search of another user's files is likely to turn on the presence of password protection and/or encryption of files. Password protected computers or files have been likened to private, locked compartments, so that where officers know that the person offering consent lacks the key, or password, they cannot reasonably conclude that the person in question has the authority to consent to a search of any "locked" areas...continue to full post

Full post as published by Fourth Amendment on August 02, 2008 (boomark / email).