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E.D.Mich.: Defendant had standing in computers he let others use

By John Wesley Hall, Jr.

An interesting computer standing case: Similar cases have summarily denied standing before without analysis. Defendant owned one computer and had substantial access to another. He had standing in the one he owned, despite letting others use it. The second computer had his profile set up on it, and he “just barely” had standing in it, but it was subject to easy third party consent. United States v. Trejo, 2010 U.S. Dist. LEXIS 22909 (E.D. Mich. March 12, 2010): In this case, Trejo had a reasonable expectation of privacy in the content of the first seized computer. The evidence demonstrates that Trejo owned the computer, and while that fact alone is not determinative, it is substantial. The fact that he allowed others to access the computer does not completely diminish his expectation that the contents of the computer would be kept private, at least among his family members and friends of his father's who used the computer from time to time...continue to full post

Full post as published by Fourth Amendment on March 17, 2010 (boomark / email).