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United States v. Ziegler

474 F.3d 1184 (2007)

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United States v. Ziegler

United States Court of Appeals for the Ninth Circuit

474 F.3d 1184 (2007)

Facts

Jeffrey Ziegler (defendant) worked for Frontline Processing (Frontline). Frontline got a tip that Ziegler was looking at child pornography on his Frontline-owned computer. Under Frontline’s internet-technology (IT) policy, the company monitored its employees’ use of the internet. Frontline’s IT administrator confirmed that an employee had accessed child-pornography websites and used Ziegler’s internet protocol address to determine that Ziegler was the employee. After a discussion with an agent of the Federal Bureau of Investigation (FBI), Frontline unlocked and entered Ziegler’s office and made copies of his hard drive. Ziegler’s office was private and kept locked. Soon after these copies were made, Frontline’s corporate counsel informed the FBI that a warrant would not be necessary in the investigation. Frontline turned over Ziegler’s Frontline computer to the FBI. Ziegler was charged with three counts related to child pornography. Ziegler filed a motion to suppress the evidence obtained through the search of his Frontline computer. The district court denied the motion, ruling that Ziegler did not have a legitimate expectation of privacy in the contents of his Frontline computer. Ziegler appealed.

Rule of Law

Issue

Holding and Reasoning (O’Scannlain, J.)

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