Re: One touch search and seizure

[Valdis.Kletnieks () vt edu]

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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