[funsec] One touch search and seizure

2011-09-28 Thread Rob, grandpa of Ryan, Trevor, Devon Hannah 
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/

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Re: [funsec] One touch search and seizure

2011-09-28 Thread Valdis . Kletnieks 
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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