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5697 February 28, 2003 (9:26am)
This page is www.circuitlawyer.8m.com/5697.html
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Lawyerdude's hard drive search legality page.
One of the 8 focuses of my discussion group is the hard drive issue.
Contents of this page:
Table authorities cited on this web page
Table authorities cited on this web page
Cases cited herein:
U.S. v Campos, Terry 221 F.3d 1143 1
United States v. Carey 172 F.3d 1268, 1271 (10th Cir. 1999), 1
Treatises Cited herein:
Searches and Seizures of Computers and Computer Data, 88 Harv. J.L. & Tech 75, 108 (1994) 1
2000 U.S. App. LEXIS 17444,*;221 F.3d 1143;
55 Fed. R. Evid. Serv. (Callaghan) 226
U.S. v Campos, Terry 221 F.3d 1143
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. TERRY JOE LEE
CAMPOS, Defendant-Appellant
We disagree with Mr. Campos that our decision in United States v. Carey 172 F.3d 1268, 1271 (10th Cir. 1999), provides grounds for overturning the search of his computer files. In that case, we did conclude that a police officer violated the Fourth Amendment in conducting a computer search. However, the officer had obtained a warrant to search for computer records pertaining to the distribution of illegal drugs. When the officer inadvertently discovered a pornographic file, he began looking for similar files, thereby
expanding the scope of the search without obtaining a second warrant. We characterized this conduct as "an unconstitutional general search." See id. at 1276. [*11] Unlike the officer in Carey, the officers here did not expand the scope of their search in a manner not authorized by the warrant. Nevertheless, our opinion in Carey notes several important limitations on the scope of computer searches of which the parties should be aware. In particular, we observed that the storage capacity of computers may require law enforcement officers to take a special approach. Id. at 1275 n.7. Computers often contain "intermingled
documents" (i.e., documents containing both relevant and irrelevant information). See id. at 1275. When law enforcement officers confront such documents a more particularized inquiry may be required:
Law enforcement must engage in the intermediate step of sorting various types of documents and then only search the ones specified in a warrant. Where officers come across relevant documents so
intermingled with irrelevant documents that they cannot feasiblely be sorted at the site, the officers may seal or hold the documents pending approval by a magistrate of the conditions and limitations on
a further search through the documents. The magistrate should then require officers to specify [*12] in a warrant which type of files are sought.Id. (citing Ralphael Winick, Searches and Seizures of Computers and Computer Data, 88 Harv. J.L. & Tech 75, 108 (1994)) (footnote omitted).Here, Mr. Campos offered no evidence as to the methods used by the officers in searching through his computer files. As a result, we need not consider whether they followed the approach we outlined in Carey. We, therefore, conclude that the district court did not err in denying Mr. Campos's motion to suppress.
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Seed and Greed: Sterile seeds: http://www.lawyerdude.8m.net/3916.html
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The federal case that annoyed the state bar and Cal Sup Court: http://www.lawyerdude.8m.com/1875bar.html
History of Bar Oppression against Lawyerdude: http://www.lawyerdude.8m.com/3789history.html
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Omnibus brief from Raid at Good Nite Inn circa 1993 http://www.lawyerdude.8m.com/1172.html
Story of the Raid at the Good Nite Inn http://www.circuitlawyer.8m.com/5460.html
Lawyerdude’s Disbarment page http://www.circuitlawyer.8m.com/5453.html
Lawyerdude’s Motion to fire Public Defender after Raid at Good Nite Inn where police kept diaries and computers for a year: http://www.lawyerdude.8m.com/1200.html
Melvin Looser Traffic Brief contains some general objections http://www.lawyerdude.8m.com/2871.html
Lawyerdude’s Federal case in Illinois: http://www.lawyerdude.8m.com/3435illi.html
Lawyerdude’s Petition to the Illinois Supreme Court for Habeas Corpus http://www.lawyerdude.8m.com/3433.html
Lawyerdude’s Federal complaint regarding Raid at Good Nite Inn http://www.lawyerdude.8m.com/2656.html
List of Overbreadth cases pertaining to Lawyers and others: http://www.lawyerdude.8m.com/5023.html
Lawyerdude’s Brief the State Bar Act is overbroad. #3789: http://www.lawyerdude.8m.com/3789.html
Table of Contents of brief 3789: http://www.lawyerdude.8m.com/3789contents.html
Authorities for Brief 3789 http://www.lawyerdude.8m.com/3789authorities.html
Index to Brief 3789 http://www.lawyerdude.8m.com/3789index.html
Links to related documents relating to brief 3789: http://www.lawyerdude.8m.com/3789frontmatter.html
Motion regarding my LSD case in court of appeal: http://www.lawyerdude.8m.com/5023.html
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Case where Nevada wanted $1 from anybody who left the state: http://www.circuitlawyer.8m.com/crandall.htm
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Lawyerdude's general interest links, including railroad stuff, are at page 5492:
Amazing Stories of Corruption in Chicago federal court. Shermak Skolnick - a legendary reporter! Http://www.skolnicksreprt.com
Some Information about common Law courts:
http://www.christiancommonlaw-gov.org/Oregon/CarsonTranscript2.html
Their main page: http://www.christiancommonlaw-gov.org/
Ralph Winterowd site with some traffic ticket history: