United States v. Durdley » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

United States v. Durdley

United States v. Durdley

Case Date: 03/11/2010
Citation: United States v. Durdley, No. 1:09–cr–00031–MP–AK, 2010 WL 916107 (N.D. Fla. Mar. 11, 2010)
Court Type: Federal District
Court: Northern District of Florida (N.D. Fla.)
Judge: Federal District Judge: Maurice M. Paul
Rule(s): 4th Amendment
Issues:

Defendant filed a motion to suppress evidence obtained from a thumb drive left attached to a common area computer. The issue was whether a supervisor’s search of Defendant’s thumb drive implicated Defendant’s Fourth Amendment rights.

Resolution:

The Court denied Defendant’s motion to suppress. The Defendant left his thumb drive in computer at work that was usable by all. Defendant’s supervisor’s search of the thumb drive was not done in an investigatory manner, and the supervisor was in no way searching for evidence to be used in criminal proceedings. Therefore, there was no violation of Defendant’s Fourth Amendment rights, and the information reported to law enforcement authorities provided a substantial basis for a probable cause warrant.

Relevant Documents:

Motion to Suppress (Doc. 21)

Response in Opposition to Motion to Suppress (Doc. 27)

Order on Motion to Suppress (Doc. 34)

E-Discovery Issues: Admissibility, Motion to Suppress
E-discovery Tags: Possession or Control, Preservation and Collection, Privacy, Sources of ESI
E-discovery subjects: Computer, Photographs, Removable Drive

Published: December 21st, 2017

Category: Uncategorized


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