{"id":48011,"date":"2021-04-07T08:24:49","date_gmt":"2021-04-07T13:24:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48011"},"modified":"2021-04-07T10:16:39","modified_gmt":"2021-04-07T15:16:39","slug":"wi-consent-to-search-a-computer-was-limited-to-defs-sons-user-files-forensically-searching-recycle-bin-exceed-the-scope-of-consent","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48011","title":{"rendered":"WI: Consent to search a computer was limited to def’s son’s user files; forensically searching recycle bin exceeded the scope of consent"},"content":{"rendered":"\n

Defendant granted consent to search only his son\u2019s files on his computer. The forensic analyst searched the recycle bin, too, and that exceeded the scope of consent. Shared files were not within the scope of consent. State v. Jereczek<\/a>, 2021 Wisc. App. LEXIS 166 (Apr. 6, 2021).<\/p>\n\n\n\n

Summary judgment denied on entry into plaintiff\u2019s home. \u201c[T]here are genuine disputes of material fact as to whether Lofton had even arguable probable cause, or exigent circumstances, justifying his entry into Hardigree’s home.\u201d Hardigree v. Lofton<\/a>, 2021 U.S. App. LEXIS 9845 (11th Cir. Apr. 6, 2021).*<\/p>\n\n\n\n

\u201cPetitioner contends his counsel should have conducted further investigation into particular aspects of the case, including: (1) that Petitioner’s behavior was not consistent with people who possess child pornography; (2) whether his computer was hacked or used by others; and (3) that the task force officer could not have opened the identified file, thereby misleading the magistrate judge and framing Petitioner.\u201d He fails to show ether facts or prejudice. Rees v. United States, 2021 U.S. Dist. LEXIS 66168 (C.D. Ill. Apr. 6, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant granted consent to search only his son\u2019s files on his computer. The forensic analyst searched the recycle bin, too, and that exceeded the scope of consent. Shared files were not within the scope of consent. State v. Jereczek, 2021 … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,23,59],"tags":[],"class_list":["post-48011","post","type-post","status-publish","format-standard","hentry","category-consent","category-ineffective-assistance","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48011","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=48011"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48011\/revisions"}],"predecessor-version":[{"id":48019,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48011\/revisions\/48019"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48011"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48011"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48011"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}