On Wed, 28 Sep 2011 13:09:09 PDT, "Rob, grandpa of Ryan, Trevor, Devon & Hannah" said: > Interesting. "Touch `Any' key," or move the mouse, and you can invalidate > the > evidence from a search. > > http://volokh.com/2011/09/27/taking-a-computer-out-of-screensaver-mode-to-see-suspects-facebook-wall-as-a-fourth-amendment-search/
It's important to note the logic here - it's (approximately) the same difference as "the diary was sitting on the table and open to a page that had incriminating text in big readable letters" versus "the officer picked up the diary and opened it", and hinged on the "in plain view" requirement. Cops also aren't allowed to go poking around in drawers and then claim the contents were in plain view after they open the drawer either...
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