About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

97 Ky. L.J. 721 (2008-2009)
Apparent Authority in Computer Searches: Sidestepping the Fourth Amendment

handle is hein.journals/kentlj97 and id is 729 raw text is: Apparent Authority in Computer Searches: Sidestepping the Fourth Amendment John-Robert Skrabanek' INTRODUCTION N an era in which information storage is increasingly digitized, the computer password is king. As we undergo a massive transition away from paper records, more than anything else it is the password that will protect our most private files. This statement holds true for all types of data, from harmless personal digital photos to important state security documents. However, in contrast to the brick and mortar world, passwords in the digital context do not manifest themselves in tangible ways. For example, unlike a visible combination lock on a suitcase, frequently police may never know if a computer is password protected unless they make the effort to search for such protection. Should the legal standards that govern searches in this context be any different from those in a non-computer context? For a narrow subset of third-party consent searches, the answer is yes. Currently, the standards that control third-party consent searches in the area of digital storage are not adequate to protect the individual against unnecessary governmental intrusion. This Note examines the search and seizure doctrine of apparent authority as applied to computer hard drives. Part I introduces the background and history of apparent authority in the brick and mortar world. Part II examines how the doctrine has narrowed over time to suit items that society considers especially private. Part III scrutinizes the current jurisprudence of apparent authority in the computer context, noting that authorities have frequently ignored or warped the proper inquiry that should be made in various situations. Part III also proposes that when searching hard drives, additional inquiries must be made by law enforcement officials before courts should allow these searches to pass constitutional scrutiny. Finally, Part IV offers other special considerations and issues regarding apparent authority in the context of computer searches. i B.A., 2005, Political Science, University of Kentucky; J.D. expected May 2009, University of Kentucky College of Law.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most