In those cases the employer failed to implement a

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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.

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