458United+States+v+Gorshkov

458United+States+v+Gorshkov - of a non-resident and located...

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United States v. Gorshkov I. The Facts: Ivanov was under investigating by the FBI for a series of computer hacker intrusions. During a trip to Seattle, Ivanov and his business partner Gorshkov met with two undercover FBI agents. In this meeting, Gorshkov showed off his computer hacking skills from his computer. The two men were arrested and the FBI seized Gorshkov’s computer. After getting a hold of his user name and password, the FBI accessed Gorshkov’s computer from Russia and downloaded the file contents in fear that Gorshkov’s men would delete the files that could be used for evidence. II. The Issue: Did the FBI violate the Fourth Amendment by accessing Gorshkov’s computer without a warrant? III. The Holding: The court found that the FBI agents did not violate the Fourth Amendment. IV. The Rationale: The court ruled that the Fourth Amendment does not apply to property
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Unformatted text preview: of a non-resident and located outside the United States under the United States v. Verdugo-Uruidez case. Gorshkov argued against the Verdugo case by claiming that he voluntarily entered the country and therefore, should be protected by the Fourth Amendment. The court found that a single entry into the country with a criminal purpose does not give you protecting under the Fourth Amendment. Even if the Fourth Amendment applied, the court ruled that the search and seizure was reasonable. Because there was a risk that the evidence could be destroyed by one of Gorshkovs men while getting a warrant, the court said that a temporary seizure that was supported by probable cause and designed to prevent the loss of evidence while the police diligently obtained a warrant in a reasonable period of time (Cyberlaw) was legal under the Illinois v. MacArthur cases....
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This note was uploaded on 01/12/2011 for the course COMM 458 taught by Professor Sparr during the Fall '08 term at University of Michigan.

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