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DoJ computer search protocol creates no Fourth Amendment rights

By John Wesley Hall, Jr.

There is no higher standard for search of computer than anything else, and the DoJ computer search protocol carries no constitutional imprimatur. United States v. Burns, 2008 U.S. Dist. LEXIS 35312 (N.D. Ill. April 29, 2008). Administrative search that involved a breaking of a door was unreasonable under Colonade. Club Retro v. Hilton, 2008 U.S. Dist. LEXIS 35231 (W.D. La. April 4, 2008): Since defendants purportedly were only conducting an administrative search and had no probable cause to believe a crime was being committed by any persons in Club Retro, defendants' warrantless and dramatic entry into Club Retro was not the type of entry contemplated under the statutes for an administrative search, and their forcible entry into the private office area of Club Retro was not justified...continue to full post

Full post as published by Fourth Amendment on May 03, 2008 (boomark / email).