Rogers v. Sec’y, Dep’t of Corr. » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Rogers v. Sec’y, Dep’t of Corr.

Rogers v. Sec’y, Dep’t of Corr.

Case Date: 06/27/2019
Citation: 2019 U.S. Dist. LEXIS 107788
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal District Judge: Virginia M. Hernandez Covington
Rule(s): 28 U.S.C. § 2254(a); 28 U.S.C. § 2254(d)
Issues:

Whether the defendant had a reasonable expectation of privacy to the data in the disc when it was not in his possession and when he denied knowledge of the contents of the disc and the child pornography on the disc was his.

Resolution:

The court denied the petition for writ of habeas corpus and affirmed the conviction. The defendant had abandoned his interest in the disc when he was confronted by his then wife and denied that the disc and the images on it was his and never requested to have it during the time that she confronted him and turned the disc in to the police. Therefore, he lacked standing to challenge the police searching the disc, and the third party had the authority to have the police search the disc.

Relevant Documents:

Petition for Writ of Habeus Corpus (Doc. 1)

Memorandum in Support of Petition for Writ of Habeus Corpus (Doc. 2)

Response to Petition for Writ of Habeus Corpus (Doc. 9)

Reply to Response to Petition for Writ of Habeus Corpus (Doc. 15)

Answer to Reply to Response to Petitiont of Habeus Corpus (Doc. 20)

Order on Petition for Writ of Habeus Corpus (Doc. 21)

E-Discovery Issues: Admissibility, Verdict Appeal
E-discovery Tags: Possession or Control, Privacy, Third Party
E-discovery subjects: Photographs

Published: August 8th, 2019

Category: Uncategorized


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