Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA9: P2P software opening computer a waiver of REP

By John Wesley Hall, Jr.

The use of peer-to-peer (P2P) software on defendant’s computer and opening that computer to the world was a waiver of the expectation of privacy in it. The fact defendant did not technologically know what he was doing is still a waiver. Also, the government’s use of sophisticated software to search the computer for child pornography did not make the search unreasonable. United States v. Borowy, 2010 U.S. App. LEXIS 3056 (9th Cir. February 17, 2010): Under Katz v. United States, 389 U.S. 347, 88 S. Ct. 507, 19 L. Ed. 2d 576 (1967), government conduct qualifies as a search only if it violates a reasonable expectation of privacy. Whether Agent Mitchell engaged in an unconstitutional search and seizure is largely controlled by United States v...continue to full post

Full post as published by Fourth Amendment on February 19, 2010 (boomark / email).