Mar 082019
 
 March 8, 2019  Posted by  Court, Surveillance, U.S., Workplace

Seen at FourthAmendment.com:

Defendant had a reasonable expectation of privacy in his own work computer, but not on what was on the company server. Because the crimes under investigation were listed in the search warrant, the warrant wasn’t general. United States v. Mendlowitz, 2019 U.S. Dist. LEXIS 33664 (S.D. N.Y. Mar. 4, 2019):

With regard to the search and seizure of the computers from Mendlowitz’s own workspace, I find that Mendlowitz has established a sufficient privacy interest to maintain a challenge to the search. While the extent to which an employee may challenge a search of business premises generally is nuanced, courts agree that an employee may contest the search of his private office. See, e.g., Mancusi v. DeForte, 392 U.S. 364, 369, 88 S. Ct. 2120, 20 L. Ed. 2d 1154 (1968) (“It has long been settled that one has standing to object to a search of his office.”); Chuang, 897 F.2d at 649 (“It is well-settled that a corporate officer or employee in certain circumstances may assert a reasonable expectation of privacy in his corporate office.”); Kazarian, 2012 U.S. Dist. LEXIS 70050, 2012 WL 1810214, at *18 (“There is no dispute here that [defendant] has standing to challenge the search of his residence and office.”).

Read more on FourthAmendment.com.

Related: Opinion & order in U.S. v. Mendlowitz: https://www.courtlistener.com/recap/gov.uscourts.nysd.473114/gov.uscourts.nysd.473114.93.0.pdf

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