United States v. David
United States District Court for the District of Nevada
756 F. Supp. 1385 (1991)
- Written by Alex Ruskell, JD
Facts
Artem David (defendant) was taken into custody on a charge of conspiracy to smuggle heroin. David and government agents agreed that he would remain in custody and help government agents place calls to his criminal associates. The telephone numbers of these associates were kept in David’s computer memo book. During meetings, David tried to keep his computer password secret, but an agent got behind him and saw it on the screen. The agent believed David was deleting firearm and heroin pricelists from the computer, so he grabbed the computer from David. The agent then used the password without David’s permission and accessed the computer, discovering incriminating information. At David’s trial on the conspiracy charge, David argued that the computer information could not be used against him, because the agent had engaged in an unlawful search by using David’s password without his permission.
Rule of Law
Issue
Holding and Reasoning (Leavitt, J.)
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