Tuesday, January 26, 2010

4th Amendment confusion regarding electronic searches

This might be jumping ahead a little bit, but it is still pretty interesting. As this post from the Volokh Conspiracy tells us, there is now a pretty clear circuit split on how the plain view exception to the warrant requirement under the 4th amendment should apply in electronic search requirements.
The cases in question are linked from the blog post.
I have to admit that the only one of these cases I know anything about (yet) is United States v. Comprehensive Drug Testing (9th Circuit), and I've only read a synopsis of it, not the whole opinion. It set out a very protective set of guidelines for how to protect 4th amendment rights in electronic searches. The others from the 4th and 10th Circuits, maybe not so much.
They're all on my to read list.

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