Week 2 Homework Part B - United States v Ziegler 497 F.3d...

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Bill Frino CMIS 335 Computer Forensics 4 th Amendment September 8, 2010 Over the last decade, courts adjudicated whether the government can access evidence of illegal activity stored on digital technology without violating the Fourth Amendment. Many cases discuss whether incriminating evidence stored by an employee in workplace computers is protected under the reasonable expectation of privacy. In a majority of cases, employees do not have a reasonable expectation of privacy for electronic communications at work. However, one federal court held that employees can assert the attorney-client privilege with respect to certain communications on company laptops. On January 30, 2007, the United States Court of Appeals for the Ninth Circuit in
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Unformatted text preview: United States v. Ziegler , 497 F.3d 890 reversed its earlier August 2006 decision upon a petition for rehearing. In contrast to the earlier decision, the Court acknowledged that an employee has a right to privacy in his workplace computer. The court also found that an employer can consent to searches and seizures that would otherwise be illegal. In Ziegler , an employee had viewed at work websites of child pornography. His employer noticed the conduct, made copies of the hard drive, and gave the FBI the employee's computer. At his criminal trial, Ziegler filed a motion to suppress the evidence on the ground that the government violated the Fourth Amendment rights....
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