United States v. Larson

Major John R. Larson (defendant) worked in a private office with a lockable door. Inside the office was a government-owned computer for use by Larson in connection with his official duties. Larson’s computer was password protected with a password he had chosen, but a systems administrator had access to all of the computer’s files. Larson’s commander also had access to all files that were not individually password protected. Each time Larson logged onto the computer, he was required to acknowledge that the computer belonged to the Department of Defense, that he was prohibited from using it for illegal activity, and that it was for official use. Larson was also required to consent to monitoring of the computer. After Larson was arrested in a civilian-police sting operation targeting sexual predators, Larson’s commander allowed Air Force investigators to enter Larson’s office using a master key and seize the computer. During their search of the computer, investigators found pornographic material and sexually explicit chats between Larson and an individual Larson believed was an underage girl. Larson was tried by a general court-martial and convicted of several crimes, including attempted carnal knowledge and attempted indecent acts with a minor. Prior to his trial, Larson moved to suppress the evidence found on his computer, arguing that the warrantless search had violated the Fourth Amendment to the United States Constitution. The military judge denied his motion, and the Air Force Court of Criminal Appeals affirmed. Larson appealed.