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CA1: Consent to search for letters, some composed on computer, permitted search of briefcase and desk as well as computer

By John Wesley Hall, Jr.

Defendant's consent to search his apartment in a stalking investigation was general. "Furthermore, the form referred generally to 'letters, papers, or other property.' This boilerplate language, unmodified, indicates an intention to go well beyond a mere computer search." He contended that he thought they were looking for letters to the stalking victim. Cash in a briefcase and dest drawer and business records showing defendant sold used computer equipment under a pseudonym was used to prosecute him for tax evasion, and they were within the scope of consent. United States v. Stierhoff, 2008 U.S. App. LEXIS 24420 (1st Cir. December 1, 2008)* (Comment: There was a significant claim of waiver that the defendant changed the argument from the District Court and the Court of Appeals...continue to full post

Full post as published by Fourth Amendment on December 06, 2008 (boomark / email).