{"id":6887,"date":"2012-05-15T20:53:25","date_gmt":"2012-03-27T09:12:26","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-27T09:12:26","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6887","title":{"rendered":"CA8: Father had apparent authority to consent to seizure of stolen computers"},"content":{"rendered":"

Officers followed tracks in the snow from the scene of a burglary to defendant\u2019s house, and defendant\u2019s father consented to a search of computers in the house that were likely stolen. His father, a retired police officer, appreciated the significance of what was going on and wanted the computers gone. He had apparent authority to consent to a search of these computers. United States v. Clutter<\/a>, 674 F.3d 980 (8th Cir. 2012):<\/p>\n

When determining whether a third party exercised actual or apparent common authority over the contents of a computer, courts typically examine several factors — whether the consenting third party in fact used the computer, whether it was located in a common area accessible to other occupants of the premises, and — often most importantly — whether the defendant’s files were password protected. See United States v. Stanley, 653 F.3d 946, 950-51 (9th Cir. 2011); United States v. Stabile, 633 F.3d 219, 232-33 (3d Cir.), cert. denied, 132 S. Ct. 399 (2011); Andrus, 483 F.3d at 719-20; United States v. Buckner, 473 F.3d 551, 554-55 (4th Cir.), cert. denied, 550 U.S. 913 (2007); United States v. Morgan, 435 F.3d 660, 663-64 (6th Cir. 2006). Clutter argues it was error to deny his motion to suppress because the government presented no evidence “that Joel Clutter used or had electronic access to the computers.”<\/p>\n

The primary flaw in this argument is that the only Fourth Amendment issue with any factual support is whether the three computers were validly seized at the Clutter home on January 22. There is no evidence that the officers searched the computers before obtaining an unchallenged warrant authorizing the search. The distinction, though often overlooked, is important: ….<\/p><\/blockquote>\n

[Maybe intentionally] Overlooked is a more fundamental question: Is there a reasonable expectation of privacy in stolen computers? <\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-6887","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6887","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=6887"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6887\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6887"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6887"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6887"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}