· 5/10/2004
United States v. Brandon Michael Lifshitz
Citations
- 369 F.3d 173
- 2004 WL 1043468
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, like letter writers, whose expectation of privacy ends upon delivery of the letter, individuals do not possess a legitimate expectation of privacy “in transmissions over the Internet or e-mail that have already arrived at the recipient”
- explaining that consent-to-search terms in probation agreements lessen expectations of privacy, but they do not give probation officers carte blanche to perform truly suspicionless searches
- finding that a probation requirement that the defendant install software that continuously monitored his computer usage may be an unconstitutional intrusion
- noting that the search must be minimally intrusive but maximally effectiveness so the searches “bear a close and substantial relationship to the government’s special needs”
- suggesting that individuals lack “an expectation of privacy in transmissions over the Internet or e- mail that have already arrived at the recipient”
- noting that the effectiveness of monitoring condition was not \pellucidly clear\
Source: CourtListener parenthetical corpus (CC0).
Judges: Calabresi, Katzmann, Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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