UH Law Library's Blog

February 12, 2010

Fed. Courts Include Computer Searches in Plain View Doctrine

Filed under: Electronic Resources — Tags: , , — uhlawlibrary @ 8:00 am
From BNA’s U.S. Law Week . . . The U.S. Courts of Appeals for the Fourth and Seventh circuits recently upheld sweeping searches of suspects’ personal computers as part of the “plain-view” doctrine.   This doctrine is an exception to the Fourth Amendment’s warrant requirement.  Last fall, the Ninth Circuit took a different approach in its application of the plain-view doctrine to computer searches. Courts across the country have taken a variety of approaches to the issue that fall into two broad categories:  Those that view computers as analogous to other document containers, such as file cabinets,  and those that believe computers deserve special treatment.  78 U.S.L.W. 1470

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