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

Criminal Law

: Fourth Amendment

CA7 won't follow majority in Comprehensive Drug Testing

By John Wesley Hall, Jr.

In a child pornography case, the Seventh Circuit finds that a search warrant for evidence of video voyeurism sought in defendant's house did not limit the government from using its software package to look for all picture and video files on defendant's computer. Child pornography was found, too. If the court has to take a position at all, which the defense invited, it sides with the dissent in United States v. Comprehensive Drug Testing, Inc., 579 F.3d 989 (9th Cir. 2009) (en banc) (posted here) on the computer search issue. United States v. Mann, 2010 U.S. App. LEXIS 1264 (7th Cir. January 20, 2010). The government showed before the District Court, and on appeal, that the officers’ reliance on the search warrant was in good faith under Leon, and the search should not be suppressed, considering “the substantial societal costs” of suppression...continue to full post

Full post as published by Fourth Amendment on January 22, 2010 (boomark / email).