Monday, April 25, 2005

US v. Caymen

No. 03-30365 (4-21-05). Defendant obtained a computer by fraud, and when the police went to retrieve it, they found child porn on the hard drive. Defendant argued that the police shouldn't have looked without a warrant; the gov't argued that he didn't have standing since the computer still belonged to the store (it was taken without payment). The 9th held that the defendant had no reasonable expectation of privacy, or at least one that society and the 4th amend would protect, because he had obtained the laptop by fraud.

1 Comments:

Anonymous Peter G said...

Jon: Isn't this standing ruling totally wrong? Didn't the Supremes decide in the 1940s or something that the 4th Amend applies equally to searches and seizures of contraband in which the defendant can have no lawful ownership interest? I don't see the difference.

Monday, April 25, 2005 6:41:00 PM  

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