The Case Of Ninth Circuit Court - 1492 Words

Ninth Circuit Court holds that an employee has a reasonable expectation of privacy in their private office, because it is locked and not shared with others. This reasonable expectation of privacy extends to the contents of their office, including the employee’s company computer, located therein. As a result, the court held that the fourth amendment protects both the office and computer from warrantless searches by the government unless it obtains valid consent from either the defendant or one with common authority over the items searched, or proceeds on the authorization of one with apparent authority to give such valid consent. In this case, the Ninth Circuit holds that the government obtained valid consent from one with common authority over the items searched, when it received such consent from the employee’s employer. The employer had common authority over the employee’s office computer because it had a policy of, and regularly did, monitor employeesâ€℠¢ computer usage of company machines, a policy of which its employees were made aware. The court accordingly denied defendant’s motion to suppress evidence found by the government during its warrantless search of defendant’s office computer. As a result, pursuant to a plea agreement, defendant was convicted of the receipt of obscene material based, in part, on evidence obtained during this search. The evidence obtained during this search, and by the company earlier, showed that defendant had viewed and had possession ofShow MoreRelatedCoastal Drillers Tax Memorandum Essay1240 Words   |  5 Pageswithin the meaning of  §302(b)(3) of the Code. In a Tax Court case from 1974, Estate of Lennard v. Comm., 61 T.C. 554 (1974), the judgment of Congress was not to include independent contractors which possessed no financial stake in the corporation as retaining an interest in the corporation for attribution waiver rules. The Ninth Circuit Court of Appeals rejected this test by the Tax Court in Lynch v. Comm., 86-2 USTC  ¶9731. The Court held that taxpayers providing post redemption services eitherRead MoreMarriage and the union of couples regarding their sex has been a nationwide issue in the United900 Words   |  4 Pagesunion of couples regarding their sex has been a nationwide issue in the United States for quite some time. The Supreme Court case now known as Hollingsworth v. Perry took place in California but is very well known nationally. Naturally California, as well as the rest of the country, has battled with their marriage laws for many years but events leading up to this specific case did not begin until around 20 00. On the March 7, 2000 ballot in California, voters approved Proposition 22. PropositionRead MoreThe Case Of Dukes V. Wal Mart Stores, Inc. Essay884 Words   |  4 PagesSUMMARY In the case of Dukes v. Wal-Mart Stores, Inc., the District Court of the Ninth Circuit certified a class of 1.5 million females currently and formerly employed by Wal-Mart Stores, Inc. The plaintiff class sought injunctive and declaratory relief, punitive damages, and back pay; due to the alleged violation of Title VII of the Civil Rights Act in regards to alleged discrimination against female employees in promotions and wages. In Wal-Mart Stores, Inc. v. Dukes, the petitioner filed an appealRead MoreIdentification Of The Case : U.s. Department Of Housing And Urban Development Essay1429 Words   |  6 PagesIdentification of the Case: U.S. Department of Housing and Urban Development v. Rucker 122 S. 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Knolls Atomic Power Laboratory Essay1265 Words   |  6 PagesMeacham v. Knolls Atomic Power Laboratory The 2nd U.S. Circuit Court of Appeals held that those business practices that have had a disparate impact effect on the older workers are now considered to be actionable under one national anti-discrimination law (Hamblett, 2004). The case does reaffirm a second Circuit precedent that had been set but which is at odds with what a majority of federal courts have held. The appeals court supported the idea that a layoff plan had been properly broughtRead MoreCase Analysis : Roley Filed Law Lawsuit Law Suit Against His Employer839 Words   |  4 Pagesto the hearing and further to his discharge. Of course, he was not happy about the situation, so he presented the case before a United States (US) district court alleging that his equal protection and due process rights were violated. The district court ruled against him and in favor of the fire district. He appealed the decision of the district at the US Court of Appeals Ninth Circuit where the alleged violations of equal protection s, property and liberty interests might be examined (Open JuristsRead MoreLewis Galoob Toys, Inc. V. Nintendo Of America1308 Words   |  6 PagesAbstract Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. (1992) was a court case which revolved around whether the software altering a copyright protected game contributes to copyright infringement from the fair use and creation of derivative work perspectives. Nintendo of America, Inc. (later in this paper referred to as Nintendo) primarily markets and sells home video games hardware systems along with compatible video game cartridges. On the other hand, Lewis Galoob Toys, Inc. (later in thisRead MoreThe Case Of Epperson V. Arkansas953 Words   |  4 Pagesfrom a lower order of animals, or to adopt or use in any such institution a textbook that teaches the doctrine or theory that mankind ascended or descended from a lower order of animal.† Forty years later, the case of Epperson v. Arkansas (1968) was argued before the Supreme Court. The case originated in 1965, when Susan Epperson was hired to teach 10th grade biology at Little Rock Central High School. The local school board ha d recently adopted, as a part of an approved curriculum, a new biologyRead MoreIncreasing Prevalence Of Class Action Waivers1166 Words   |  5 Pagesbelow, involved the California state contract law doctrine of unconscionability. Nonetheless, the Supreme Court eventually struck down this argument but the decision eventually sparked the now controversial circuit split which has led to the Supreme Court granting certiorari to grant clarity on the issue of class action arbitration waivers. A. The Unconscionability Doctrine and the State Court Challenges Arising Out of California Before the current developments, class action waivers in arbitration