United States Ninth Circuit

Denial of a motion to suppress evidence of child pornography existing on defendant's computer is affirmed where, although defendant retained a legitimate expectation of privacy in his workplace office, his employer retained the ability to consent to a search of his office and his business computer, and thus, valid third party consent to search them was given. (Superseding opinion)

Appellate Information

• Argued 03/06/2006
• Decided 01/30/2007
• Published 01/30/2007

Judges

• Before: O'SCANNLAIN, SILVERMAN, and GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• David F. Ness, Assistant Federal Defender, Great Falls, MT, argued the cause for the defendant-appellant.  Anthony R. Gallagher, Federal Defender, District of Montana, was on the briefs., Marcia Hurd, Assistant United States Attorney, Billings, MT, argued the cause for the plaintiff-appellee.  William W. Mercer, United States Attorney, District of Montana, was on the brief.