Consent form stated that “the scope of consent included ‘other material or records pertaining to narcotics.'” That included a digital camera and a computer. United States v. Lucas, 2008 U.S. Dist. LEXIS 90857 (W.D. Ky. November 6, 2008):<\/p>\n
Based on the totality of the circumstances, an objectively reasonable officer would have considered Lucas’s consent to search “other material and records pertaining to narcotics” to include the laptop computer and the digital camera. The officers had sufficient reason to believe that information regarding marijuana cultivation would be found on both the digital camera and the computer. Even though the consent form did not specifically mention computers or digital cameras, many federal courts have found that the search of a computer is appropriate in similar circumstances. For example, in United States v. Rossby, 81 Fed. Appx. 109, 110 (9th Cir. 2003), a consent to search “letters, papers, materials, or other property” was interpreted to include the defendant’s computer. Because of the similarity between the phrases “other material or records” and “letters, papers, materials, or other property,” the Ninth Circuit’s reasoning is persuasive.<\/p><\/blockquote>\n
(Comment:<\/em> This is just too far-fetched to be remotely believable.)<\/p>\n
There is no “trivial” standard for probable cause. Either it is or it isn’t. United States v. Nelson, 2008 U.S. Dist. LEXIS 90952 (E.D. Mich. November 6, 2008).*<\/p>\n
Defendant swerved twice, and that caused the stop, and the nature of the stop was within the purposes of the stop until defendant was arrested. United States v. Gelb, 2008 U.S. Dist. LEXIS 90866 (D. Neb. November 7, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading