The 1st, 4th, and 7th U.S. Circuit Courts of Appeal have applied the plain view doctrine to computer searches. The 9th U.S. Circuit Court of Appeals rejected the doctrine in United States v. Comprehensive Drug Testing. This article looks at the pros and cons of both approaches.
Comprehensive Drug Testing concerned the well-known “Balco,” or Bay Area Lab Cooperative, investigation by the federal government of steroid use by Major League Baseball players, particularly those who were suspected of having received steroids from Balco.
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