US court allows work PC to be seized without warrant
Published: 06 Jan 2005 15:25 GMT
US police do not need a search warrant to examine an employee's computer for incriminating files, a Washington state appeals court has ruled.
All that is necessary is the permission of the business that owns the computer, the appeals court said in a 3-0 decision last week.
In April 2003, when Jack Leck briefly worked at a not-for-profit organisation called the World Peace Ambassadors, he allegedly used an office computer to do Web searches for pre-teen boys and girls and participate in related mailing lists from his Hotmail account. When police showed up with some questions, the not-for-profit group permitted that computer to be seized without a warrant.
Leck was charged with 50 counts of possessing child pornography and sentenced to four years in prison. He claimed the Washington State Patrol Crime Lab's seizure and search of the computer without a warrant was illegal because it violated his Fourth Amendment right to privacy.
The appeals court disagreed. The Washington state Supreme Court has authorised searches without a warrant as long as the lawful owner of the property gives consent voluntarily, the court noted. "Leck did not share equal authority with [the nonprofit's director] over the WPA office or computer, thus, Leck's consent to the state's search was not necessary," wrote Judge Marywave Van Deren.
The court upheld Leck's conviction and sentence.
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