{"id":6080,"date":"2012-09-17T06:25:04","date_gmt":"2011-09-27T08:04:41","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-09-27T08:04:41","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6080","title":{"rendered":"E.D.Wis.: Manipulating a computer mouse to get past the screen saver was a search under Hicks<\/em>"},"content":{"rendered":"

Defendant was suspected by a Craigslist post of planning to shoot up a shopping mall, and the police came to his house after getting his location from Craigslist. Once inside the house by consent, manipulating a computer mouse to get past the screen saver was a search under Hicks<\/a>. United States v. Musgrove, 845 F. Supp. 2d 932 (E.D. Wis. 2011), (adopted 2011 U.S. Dist. LEXIS 108932<\/a> (E.D. Wis. September 16, 2011)):<\/p>\n

Whether there is a search here is a close call because the officer did not actively open any files. A truly cursory inspection\u2014one that involves merely looking at what is already exposed to view, without disturbing it\u2014is not a \u201csearch\u201d for Fourth Amendment purposes. Arizona v. Hicks<\/a>, 480 U.S. 321, 328 (1987). However, this is not such a case. By touching a key or moving the mouse, the officer put into view the Facebook wall, which was not previously in view. Though a close call, the Court concludes that this was a search, however minimal, which required further authority, a warrant or consent. The government submits that the officer’s manipulation of the computer was for the purpose of seizing the computer, not to conduct a preliminary search. However, intent is not generally relevant in assessing whether a search ensued. See, e.g., United States v. Mann, 592 F.3d 779, 784 (7th Cir. 2010)(citing Platteville Area Apt. Ass’n v. City of Platteville, 179 F.3d 574, 580 (7th Cir. 1999)). The Court therefore recommends that the defendant’s Facebook wall be suppressed.<\/p><\/blockquote>\n

[Orin Kerr, Taking A Computer Out of Screensaver Mode to See Suspect\u2019s Facebook Wall Is a Fourth Amendment Search<\/a> on Volokh Conspiracy noting this post; then A New Fourth Amendment Concern: “Don’t Touch That Mousepad!”<\/a> by David Stout on Main Justice noting Kerr; then You Want to Click That Mouse? Bite Me, Get a Warrant!<\/a> on Above the Law noting Kerr.]<\/p>\n

Defendant was strip searched with reasonable suspicion at the St. Croix airport Customs point for flights to Puerto Rico. A quantity of cocaine was found in his underwear. After a brief investigation, there was also reasonable suspicion for search of his traveling companion who succeeded in getting past Customs into the sterile area at the airport. A dog search found cocaine hidden in the bathroom and the dog alerted on the companion\u2019s pants. The border search was reasonable as to both. United States v. Barrett, 2011 U.S. Dist. LEXIS 107956 (D. V.I. September 22, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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