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E.D.Wis.: Ruse to get consent to look at defendant's computer was not invalid

By John Wesley Hall, Jr.

Officers used a ruse to get access to defendant’s computer that there had been a computer security breach where family pictures had been posted on the internet. The court finds defendant’s authority, United States v. Richardson, sufficiently different that the consent was valid. United States v. Krueger, 2009 U.S. Dist. LEXIS 130067 (E.D. Wis. July 22, 2009): Relying on United States v. Richardson, 583 F. Supp. 2d 694 (W.D. Pa. 2008), defendant argues that the police caused him to believe that he was a victim of a computer security breach, that his consent was limited to investigating such a breach, and that the search for images of child pornography thus exceeded the scope of his consent. Like the magistrate judge, I reject the argument...continue to full post

Full post as published by Fourth Amendment on November 10, 2010 (boomark / email).