Computer search excess.

Here is an interesting case from the 9th Circuit on computer searches.  There may be some applicability here to military computer searches.  The opinion is written by the well respected Judge Kosinski.

CA9: Balco en banc: Computer search under Tamura not an excuse for a plain view; there has to be limits

The Ninth Circuit in Balco en banc (panel opinion: United States v. Comprehensive Drug Testing, Inc., 513 F.3d 1085 (9th Cir. 2008)) determines that seized computer information needs limits under the “venerable” pre-“information age” Tamura case (United States v. Tamura, 694 F.2d 591 (9th Cir. 1982)). This is a remarkable effort at keeping computer searches from becoming general searches or excuses for plain view inside the hard drive. United States v. Comprehensive Drug Testing, Inc., No. 05-10067 (9th Cir. August 26, 2009) (by Kosinski, J.

Here is the start of some commentary by Volokh about limits on fishing surfing expeditions.

Contact Information