In the recent 3rd U.S. Circuit Court of Appeals decision United States v. Stabile, the court upheld a defendant’s convictions for receipt and possession of child pornography and bank fraud by applying the “plain view” doctrine of, or exception to, the Fourth Amendment.
While I have no quarrel with the result, close examination of the court’s reasoning — important to note because of how conventional it is, not because it blazes new trails — reveals that contemporary judicial thinking about computer searches is flawed both legally and technically.
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