State v. Young
Florida District Court of Appeal
974 So. 2d 601 (2008)
- Written by Sharon Feldman, JD
Facts
Eric Young (defendant) was the pastor of a church under the supervision of the United Methodist Church (UMC). Young’s private office in the church could not be opened with the church’s master key. Young held two keys, and the church administrator kept one key in a locked drawer. No one could enter Young’s office without Young’s permission. The computer in Young’s office was not networked. There was no policy regarding the computer’s use or who could access it. The administrator could use the computer to perform maintenance but only if Young was present. The church’s Internet service provider notified the administrator about spam linked to the church’s Internet-protocol address. The administrator ran a spyware program on Young’s computer, saw concerning website addresses, and notified a UMC official. The official contacted law-enforcement officers and gave them consent to search Young’s office and computer. Young was charged with possessing child pornography. The trial court suppressed the evidence obtained from the search of Young’s office and computer. The state (plaintiff) sought review.
Rule of Law
Issue
Holding and Reasoning (Lewis, J.)
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