{"id":4785,"date":"2011-01-26T01:27:32","date_gmt":"2010-10-16T09:27:40","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-16T09:27:40","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=4785","title":{"rendered":"NY2: A college professor who had child porn on his college computer terminal had no reasonable expectation of privacy in the computer, even without showing school policy"},"content":{"rendered":"

Defendant was a college professor found to have 13,000 images of child pornography on his college owned computer. There was a college wide upgrade of computers and all the files on his old hard drive were copied to the new one. Two years later, he complained to the IT department that the computer was not working right, and they came to check it out. They found the child porn, some dating back to five years before the upgrade, and reported it. Defense counsel never moved to suppress it, and this was not ineffective assistance because the defendant could not show a reasonable expectation of privacy in the college\u2019s computer, even though it was used only by him. He called IT to look at it. (The record was silent on anything about the computer policy, but that doesn\u2019t seem to matter.) People v. Kent<\/a>, 2010 NY Slip Op 7364, 2010 N.Y. App. Div. LEXIS 7405 (2d Dept. October 12, 2010):<\/p>\n

Here, the record establishes that the computer was the property of the College, but contains no further evidence regarding the terms of the College’s computer policy or user agreement with the defendant, if any. The defendant cannot show on this record that he had a reasonable expectation of privacy in his personal files stored on the office computer. Absent additional facts, we cannot conclude that counsel’s actions lacked any legitimate explanation. … To the extent that the defendant’s ineffective assistance of counsel claim is premised upon matter dehors the record, we are unable to review such a claim on direct appeal. …\n<\/p><\/blockquote>\n

This defendant was the passenger in a car stopped for a traffic violation, and the driver almost immediately consented before the DL information came back from dispatch. The driver had authority to consent to the search against the passenger. In the back hatch area was a brick of marijuana that the officer could smell before it was found. Hall v. State<\/a>, 306 Ga. App. 484, 702 S.E.2d 483 (2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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