Consent to Search Computer – Darren Chaker

Darren Chaker

U.S v. King, 604 F.3d 125 (3rd Cir. 2010): Defendant’s objection to seizure of his hard drive was insufficient to overcome tenant’s consent to seizure of her computer, into which defendant had placed hard drive, and seizure of hard drive thus did not violate Fourth Amendment and evidence derived therefrom was admissible in prosecution for interstate transportation to engage in sex with a minor; defendant relinquished his privacy in hard drive with respect to tenant by placing hard drive inside computer that tenant owned, and that defendant and tenant shared, without anypassword protection, thereby assuming the risk that tenant would consent to its seizure.
Georgia v. Randolph, 547 U.S. 103, 126 S.Ct. 1515, 164 L.Ed.2d 208 (2006): Warrantless search of marital residence, on basis of consent given to police by defendant’s wife, was unreasonable and invalid as to defendant, who was physically present and expressly refused to consent.

U.S. v. Henderson, 536 F.3d 776 (7th Cir. 2008): Resident’s refusal of consent for warrantless search of home was no longer effective to bar voluntary consent of co-resident, once objecting resident was validly arrested and removed from home; objecting resident was no longer both present and objecting.

U.S v. King, 604 F.3d 125 (3rd Cir. 2010): Defendant’s objection to seizure of his hard drive was insufficient to overcome tenant’s consent to seizure of her computer, into which defendant had placed hard drive, and seizure of hard drive thus did not violate Fourth Amendment and evidence derived therefrom was admissible in prosecution for interstate transportation to engage in sex with a minor; defendant relinquished his privacy in hard drive with respect to tenant by placing hard drive inside computer that tenant owned, and that defendant and tenant shared, without any password protection, thereby assuming the risk that tenant would consent to its seizure.

© 2011 Darren Chaker. All Rights Reserved.

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