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By Orin S Kerr; United States. Dept. of Justice. Computer Crime and Intellectual Property Section.; United States. Dept. of Justice. Office of Legal Education
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Extra resources for Searching and seizing computers and obtaining electronic evidence in criminal investigations
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523, 533 (1967)). ” First, the employer or his agents must participate in the search for a work-related reason, rather than merely to obtain evidence for use in criminal proceedings. Second, the search must be justified at its inception and permissible in its scope. i) The Search Must Be Work-Related The first element of O’Connor’s reasonableness test requires that the employer or his agents must participate in the search for a work-related reason, rather than merely to obtain evidence for use in criminal proceedings.
2002) (approving search by official in charge of fire and police departments and stating that “O’Connor’s goal of ensuring an efficient workplace should not be frustrated simply because the same misconduct that violates a government employer’s policy also happens to be illegal”); Gossmeyer v. 3d 481, 492 (7th Cir. ”). Shields v. 2d 1201, 1202-05 (7th Cir. 1989) (applying the O’Connor exception to an internal affairs investigation of a police sergeant that paralleled a criminal investigation); Ross v.
At 398. ” Id. at 395-96. Simons did not deny that he was aware of the policy. See id. 8. In light of the policy, the Fourth Circuit held, Simons did not retain a reasonable expectation of privacy “with regard to the record or fruits of his Internet use,” including the files he had downloaded. Id. at 398. Other courts have agreed with the approach articulated in Simons and have held that banners and policies generally eliminate a reasonable expectation of privacy in contents stored in a government employee’s network account.