Unformatted text preview: , however,
again testified that Kennedy directed him to make a copy of the hard drive. Schneider's
account was also reflected in a time-line he had prepared for Kennedy. [FN7]
FN6. The defense also offered the testimony of a computer forensics expert, but that
testimony was not relevant to the motion to suppress.
FN7. On appeal, the government attempts to reconcile the contradictory accounts of the
January 30, 2001, interview as a case of simple miscommunication. It explains that
confusion ensued when Schneider told Agent Kennedy that they were copying Ziegler's
cache files onto a second hard drive. Kennedy, whom the government characterizes as
not particularly tech-savvy, allegedly understood Schneider to mean that the IT
department had already made a copy of Ziegler's entire hard drive. Thus, it suggests that
Agent Kennedy's instructions were only that the IT employees should secure the copy he
thought had already been made.
There is, in short, a factual dispute concerning the extent of the government's
involvement in the search and a corresponding legal dispute as to whether that
involvement implicates the Fourth Amendment. See United States v. Miller, 688 F.2d
652, 658 (9th Cir.1982). However, we need not address these issues if Ziegler had no
reasonable expectation of privacy in any place searched or any item seized. See, e.g.,
United States v. Wong, 334 F.3d 831, 839 (9th Cir.2003).
*1142 On September 8, 2004, the district court entered a written order denying Ziegler's
motion to suppress. Importantly, the court made the factual finding that "Agent Kennedy
contacted Softich and Schneider on January 30, 2001 and directed them to make a backup of Defendant's computer files " (emphasis added). However, citing United States v.
Simons, 206 F.3d 392 (4th Cir.2000), the court ultimately held that Ziegler had no 81 reasonable expectation of privacy in "the files he accessed on the Internet" and therefore
denied Ziegler's motion.
Ziegler subsequently entered into a written plea agreement with the government. Pursuant
to the agreement, the government agreed to dismiss the child po...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08