10th Circuit limits scope of its Andrus opinion dealing with apparent authority of homeowner to consent to search of computer
SEARCH & SEIZURE United States v. Andrus, 06-3094, ___ F.3d ___ (10th Cir. Aug. 24, 2007)(Kansas). Order denying defendant’s petition for rehearing of decision affirming conviction for possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B). While denying rehearing, the order explains nevertheless, that its opinion is “limited to the narrow question of the apparent authority of a homeowner to consent to a search of a computer on premises in the specific factual setting presented, including the undisputed fact that the owner had access to the computer, paid for internet access, and had an e-mail address used to register on a website providing access to the files of interest to law enforcement.” The original opinion, issued April 25, 2007, held:
Read the order denying rehearing here. Read the opinion here. |
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