{"id":6783,"date":"2012-05-01T09:38:59","date_gmt":"2012-03-06T08:25:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-06T08:25:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6783","title":{"rendered":"KS: No REP in internet search history on borrowed computer"},"content":{"rendered":"<p>Defendant used a buddy\u2019s work computer to do internet searches on \u201chow to kill a baby, how to have a miscarriage, and how to find a missing person.\u201d He was told before the search that the company could see it. The computer was password protected but the search history was available to IT. He was convicted of arranging the murder of a 14-year-old he impregnated. He had no reasonable expectation of privacy in the internet search history after the computer was turned over to the police after the murder. <a href=\"http:\/\/www.kscourts.org\/Cases-and-Opinions\/opinions\/SupCt\/2012\/20120302\/101657.pdf\">State v. Robinson<\/a>, 293 Kan. 1002, 270 P.3d 1183 (2012). [The court did not have to go this far to show a lack of REP in the search history. It was somebody else&#8217;s computer, and he assumed the risk it would be found and turned over to the police. That&#8217;s all it had to say.]<\/p>\n<p>An officer approached a van parked too long in a McDonald\u2019s parking lot and he saw the occupants \u201cmoving frantically as if they were trying to hide something or retrieve something.\u201d He yelled, \u201c\u2018Show me your hands,\u2019 and moved toward the front of the van; neither individual complied.\u201d He pulled his gun, and ordered them from the vehicle and then searched for a weapon. This did not constitute an arrest, and was for officer safety. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2012\/2012-ohio-847.pdf\">State v. Walker<\/a>, 2012 Ohio 847, 2012 Ohio App. LEXIS 739 (2d Dist. March 2, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6783\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6783","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6783","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6783"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6783\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6783"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6783"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6783"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}