1/9
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced |
|---|
No study sessions yet.
US v Aaron
Non Password Protected Laptop
GF didnt use computer
GF consented to the search of defendants computer
Actual Authority: Yes, bc not password protected and never told she couldnt use it
Trulock v Freeh
Defendant and Third Party had separate password protected Laptops
Actual Authority: No bc third party did not have access to the desktop even though it was the same computer
US v Buckner
Defendants wife consented to search of computer that was on in a shared living space despite defendant not being present
later revealed the computer was password protected but wasnt known at time of the search
Apparent authority: Yes; computer was under wife’s name, it was on, shared living space, and fraudulent activity on computer gave wife apparent authority
US v Griswold
Mother of defendant gave consent to search
Police searched family PC in living room
Police searched defedants pc (in his room) and bypassed password
Actual Authority: No because password = locked, but mother had right to retrieve the laptop
Apparent Authority: No bc mom did not have sufficient access to laptop, laptop was in private space, and police didnt inquire about her relationship with the laptop
US v Cole
third party inputted computer password fast, despite not knowing if it was their shared password or defendants old password
defendant and third party had access to eachothers passwords
third party sometimes accessed defendants desktop
Actual Authority: Yes bc third party had access to deskptop
Apparent Authority: Yes bc third party inputed password without any difficulty
US v Andrus
Dad consented to search of defendant’s computer in his room
dad said he went in the room often
Apparent Authority: Yes bc had access to room and didn’t indicate need for questioning about dad’s relationship to the computer
says that if password is not visible, other circumstances must be considered
US v Purcell
girl said duffel bag and backpack was hers.
bag had mens clothing
police realized it wasnt her bag
continued with the search of the backpack and found the defendants gun
Apparent Authority: No bc after police found mens clothing ambiguity arised and therefore extinguished her authority
US v Kimoana
friend stayed in hotel room with defendant
police searched room and found defendants gun
Actual + Apparent Authority: yes bc shared living space + joint access to room. Made clear room wasnt his but still had access
US v Waller
Defendant lived w/ friends and kept his stuff there
got arrested and and owner said they could search
house was searched and found defendants firearm in luggage in a closet
Actual Authority: No bc authority didnt extend to closed object
Apparent Authority: No bc police didnt have enough evidence to conclude luggage belonged to home owner
US v Gardner
Obtained consent to search phone belonging to defendant
GF consented to the search of her white phone too by offering password
white phone actually belonged to defendant
Apparent Authority: yes bc saw gf using phone and knew the password