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N.J.: Defendant's employer could consent to a search of company computer with defendant's personal files on it

By John Wesley Hall, Jr.

Defendant's employer could consent to a search of company computer with defendant's personal files on it. Defendant had no reasonable expectation of privacy in the computer files. Defendant was suspected of theft from the company, and he was locked out of the office and computer. State v. M.A. (N.J. App. Div. August 29, 2008): We emphasize that the record is devoid of evidence that defendant claimed ownership or sought return of the computers before the search. To be sure, defendant instituted no legal action for the return of what he claimed was his lawful property. Simply put, he did not do so because he did not own the computers. Braun owned them. Because Braun owned the computers, he had the authority to consent to their search; and because Braun voluntarily consented to the search, the search was valid...continue to full post

Full post as published by Fourth Amendment on September 03, 2008 (boomark / email).