The Fourth Amendment grants property rights to citizens against unreasonable searches and seizures. Consent is one of the most frequently used exceptions to the Fourth Amendment. Determining if a person has the authority to grant consent is an issue unique to computers. Today, technology enables multiple users to log on to a computer using multiple passwords and profiles and create multiple accounts and screen names. A password is analogous to a key that can be used to open a locked container. Therefore, an individual cannot grant consent to search a computer without specifying the password.
Tasks:
• Explain when consent to search and seizure should be granted in a household in which two persons share a computer but use different login names …show more content…
The methods or ways which law enforcement can determine whether or not person (s) who granted consent to search someone else’s computer are found in the federal case of “U.S. v. Smith,” which involves a “third-party” consent to search a computer that is “normally” used by the third-party and others. In Smith, police were contacted by Smith’s live-in girlfriend to report that she had found child pornography on Smith’s computer which they “shared.” At the appeal trial, Smith’s attorney argued that Smith’s girlfriend; while she lived with him, did not have the legal authority as stated by the Supreme Court’s (the Court) ruling on exceptions to the Fourth Amendment, to grant consent to the search of his computer. (Knetzger, Michael and Muraski, Jeremy, 2008) (p. 245) The Court, in their ruling, gave the following factors for their ruling that Smith’s girlfriend “did” have the legal authority to grant consent of the search of Smith’s computer:
1. Smith’s girlfriend lived with him at the time of the search and seizure of Smith’s computer, on which child pornography was …show more content…
Both owners “must” give their consent to officers when officers ask for the consent to search their computer. When “one” owner “objects” to the consent, then the search is “illegal” and the search cannot be done. However, when obtaining consent for permission to search computer data which users have different passwords in order to access their own data; law enforcement must obtain the consent from the user which has their own passwords, and are limited to searching the computer files which are covered by the user which have given consent to search this particular user’s computer files, which they have access to, using their user password to gain access into the shared computer. (Knetzger, Michael and Muraski, Jeremy, 2008) (p. 246) Both the husband and wife may have separate usernames and passwords for the same computer, and the husband refuses to grant consent, but the wife, however, is willing to give consent to search her part of their “shared”
Tasks:
• Explain when consent to search and seizure should be granted in a household in which two persons share a computer but use different login names …show more content…
The methods or ways which law enforcement can determine whether or not person (s) who granted consent to search someone else’s computer are found in the federal case of “U.S. v. Smith,” which involves a “third-party” consent to search a computer that is “normally” used by the third-party and others. In Smith, police were contacted by Smith’s live-in girlfriend to report that she had found child pornography on Smith’s computer which they “shared.” At the appeal trial, Smith’s attorney argued that Smith’s girlfriend; while she lived with him, did not have the legal authority as stated by the Supreme Court’s (the Court) ruling on exceptions to the Fourth Amendment, to grant consent to the search of his computer. (Knetzger, Michael and Muraski, Jeremy, 2008) (p. 245) The Court, in their ruling, gave the following factors for their ruling that Smith’s girlfriend “did” have the legal authority to grant consent of the search of Smith’s computer:
1. Smith’s girlfriend lived with him at the time of the search and seizure of Smith’s computer, on which child pornography was …show more content…
Both owners “must” give their consent to officers when officers ask for the consent to search their computer. When “one” owner “objects” to the consent, then the search is “illegal” and the search cannot be done. However, when obtaining consent for permission to search computer data which users have different passwords in order to access their own data; law enforcement must obtain the consent from the user which has their own passwords, and are limited to searching the computer files which are covered by the user which have given consent to search this particular user’s computer files, which they have access to, using their user password to gain access into the shared computer. (Knetzger, Michael and Muraski, Jeremy, 2008) (p. 246) Both the husband and wife may have separate usernames and passwords for the same computer, and the husband refuses to grant consent, but the wife, however, is willing to give consent to search her part of their “shared”