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Police search of computer exceeded private search

By John Wesley Hall, Jr.

Defendant did not demontrate that he abandoned his rental property because the rent was unpaid. The evidence demonstrates that he did not abandon it. A computer was taken and checked by the government for child porn. As soon as he realized it was gone, he made a theft report. There was a private search of the computer, and the police exceeded that in substantial part. United States v. Crist, 2008 U.S. Dist. LEXIS 84980 (M.D. Pa. October 22, 2008)*: Here, the evidence does not support a finding of unequivocal intent by Crist to abandon the computer. Crist returned to the house on August 10, twenty six days after his rent became overdue. No eviction proceedings had begun. Nor had Crist received notice that his property would be removed. In fact, when the Sells were hired to clean out his house, Crist was in the process of "sorting through things...continue to full post

Full post as published by Fourth Amendment on October 25, 2008 (boomark / email).