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Unformatted text preview: among the factors that may preclude an objectively reasonable expectation
of privacy. See Biby v. Bd. of Regents, 419 F.3d 845, 850-51 (8th Cir.2005) (holding that
no reasonable expectation of privacy existed where a policy reserved the employer's right
to search an employee's computer for a legitimate reason); United States v. Thorn, 375
F.3d 679, 683 (8th Cir.2004), cert. granted and judgment vacated on other grounds by
543 U.S. 1112, 125 S.Ct. 1065, 160 L.Ed.2d 1050 (2005) (holding that a public agency's
computer-use policy, which prohibited accessing sexual images, expressly denied
employees any personal privacy rights in the use of the computer systems, and provided
the employer the right to access any computer in order to audit its use, precluded any
reasonable expectation of privacy); United States v. Angevine, 281 F.3d 1130, 1133-35
(10th Cir.2002) (holding that the employer's computer-use policy, which included
monitoring and claimed a right of access to equipment, and the employer's ownership of
the computers defeated any reasonable expectation of privacy); Muick v. Glenayre
Electronics, 280 F.3d 741, 743 (7th Cir.2002) ("Glenayre had announced that it could
inspect the laptops that it furnished for the use of its employees, and this destroyed any
reasonable expectation of privacy...."); Wasson v. Sonoma County Jr. Coll. Dist., 4
F.Supp.2d 893, 905-06 (N.D.Cal.1997) (holding that a policy giving the employer "the
right to access all information stored on [the employer's] computers" defeated an
expectation of privacy). [FN10] 84 FN10. We have no trouble distinguishing the cases in which a court has found a
reasonable expectation of privacy in a workplace computer. In those cases, the employer
failed to implement a policy limiting personal use of or the scope of privacy in the
computers, or had no general practice of routinely conducting searches of the computers.
See United States v. Slanina, 283 F.3d 670, 676-77 (5th Cir.2002), vacated on other
grounds by 537 U.S. 802, 123 S.Ct. 69, 154 L.Ed.2d 3 (2002), on appeal after remand
359 F.3d 356 (5th Cir.2004) (per curiam); Leven...
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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