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Just a word of advice. When you go online at a layover, a box should pop up on your computer saying "new network detected". Click on "do not trust this network" and "ok". This prevents sharing of files on your computer, but you can still surf. I don't think this prevents all attacks, but it keeps other people in the hotel from seeing your files and manipulating them. I hope this guy was a victim, not a perp.
 
I'm not a Constitutional lawyer, but I'm about 99% sure that the 5th amendment deals with protection against self incrimination, double jeopardy, and yes, due process when applied to these issues. I'm also pretty sure that the 14th amendment deals with not being deprived of life, liberty, and the pursuit of happiness without due process. It's a pretty long amendment that also guarantees equal protection under the law. Somebody else can look it up if they want, and correct me if I'm way off base.

Yes you are right the 14th does deal with "due process" but most people consider it to be what garuntees it for all US citizens the 5th is what spells it out. I also think this guys 4th amendment rights were trashed. How can the police justify a search and seizure based on a novice computer users belief. If they can do this to him, they can do it to all of us.
 
I also think this guys 4th amendment rights were trashed. How can the police justify a search and seizure based on a novice computer users belief. If they can do this to him, they can do it to all of us.

his fourth amendment rights weren't violated if he waived them. as in;

-"hey can we look through your computer"
-"yeah ok"

vs.

-"hey can we look through your computer"
-"not without a warrent"
-"we're looking anyways"
 
his fourth amendment rights weren't violated if he waived them. as in;

-"hey can we look through your computer"
-"yeah ok"

vs.

-"hey can we look through your computer"
-"not without a warrent"
-"we're looking anyways"


Doesn't sound like they gave him a choice at all. They just confiscated the machine.
 
Can't they confiscate and search the laptop based on 'probable cause'? If a crime is believed to have been commited, I don't think the authorities always need a warrant for a search. I could very well be wrong...

SG
 
Yes you can perform a search without a warrant based on probable cause, but was this probable? If we allow the police to search person or property based on very sketchy information we will have very few civil liberties left. I am not saying this guy isn't a pervert and that what he had on his computer wasn't ilegal, but I do think there is a correct way to conduct police work without trampling on the constitution. I just don't see how Joe Shmoe can call the police with very little information and the next thing you know your being pulled out of your bed and your computer is confiscated.
 

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