Dan and Libby Snow are husband and wife. You executed a search warrant on the Snow’s residence for pirating movies and were looking for any computers and electronic storage media. You seize 2 computers, one in Dan’s office and one in the family room. The computer in Dan’s office is loaded with movies that were just released at the theatre. Dan works at Home Depot as an IT Administrator. While Dan was on vacation, another IT employee was searching for an employee orientation video and came across over 50 movies described as “movies you would see at the theatre”. The Home Depot employee processed Dan’s work computer to find Internet sites that related to “pirating movies” and also discovered several postings by user: Dan_S, on different Internet bulletin boards selling movie DVD’s. Home Depot contacts the police department and wants to turn over the evidence from Dan’s work computer.
What is the difference between a law enforcement search and a corporate business search on Dan’s computer? Was Dan’s right to privacy violated in either search? Would you accept the evidence from Dan’s work computer? Why or Why not?
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