Bytes, BALCO, and Barry Bonds: An Exploration of the Law Concerning the Search and Seizure of Computer Files and an Analysis of the Ninth Circuit's Decision in United States v. Comprehensive Drug Testing, Inc.

A study was conducted to analyze the Ninth Circuit Court's decision in the case of United States v. Comprehensive Drug Testing, Inc. Data were obtained from documentation relating to the case. Findings revealed that the decision in this instance is notable for more than one reason: it attempts to...

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Detalles Bibliográficos
Publicado en:Journal of Criminal Law & Criminology Vol. 97; no. 4; pp. 1151 - 1209
Autor principal: Regensburger, Derek
Formato: Artículo
Publicado: Northwestern University Summer2007
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Acceso en línea:Ver este registro en EBSCOhost
Descripción
Sumario:A study was conducted to analyze the Ninth Circuit Court's decision in the case of United States v. Comprehensive Drug Testing, Inc. Data were obtained from documentation relating to the case. Findings revealed that the decision in this instance is notable for more than one reason: it attempts to define the parameters and limitations involved in computer searches, and it fails to give adequate protection to the privacy concerns of innocent third parties whose records are caught up in the government's investigation. Furthermore, findings suggested that the decision could serve as the perfect vehicle for the U.S. Supreme Court to establish a consistent, uniform set of guidelines for the government to follow when conducting computer searches; such guidelines are currently lacking in jurisprudence on this issue. Findings are discussed in detail.