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9th Cir.: Computers not subject to special rules for search

By John Wesley Hall, Jr.

The nature of a computer as a repository of personal data and technological changes did not change the rationale that a computer can be searched under a warrant that identifies it and shows probable cause for its search. United States v. Giberson, 2008 U.S. App. LEXIS 11517 (9th Cir. May 30, 2008): Giberson does not deny that it was reasonable in this case for the agents to believe that the documents specified in the warrant might be found on his computer. Rather, he argues that the analogy between a computer and other "containers" is not appropriate because computers are somehow entitled to heightened protection, and are searchable only when specified in the warrant. We observe at the outset that Fourth Amendment exceptions and distinctions based solely on a type of technology are "unwise[ ] and inconsistent with the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on May 31, 2008 (boomark / email).