Supreme Court Declines Case Over Techs' Right To Search Your PC
An anonymous reader writes "A few years back, a guy was arrested for possessing child pornography after techs at Circuit City found child porn on his computer, while they were installing a DVD player. The guy insisted that the evidence shouldn't be admissible since the techs shouldn't have been snooping through his computer — and a lower court agreed. The appeals court, however, reversed, noting that the guy had given Circuit City the right to do things on his computer — including testing out the newly installed software (which is how the tech claims he found the video). The guy appealed to the Supreme Court, who has declined to hear the case, meaning that the ruling stands for the time being. So, basically, if you hand your computer over to someone else for repairs, at least in some jurisdictions, they may have pretty free rein in terms of what they're allowed to access on your computer."
There's a difference between what they're "allowed to access" and what's admissible in court once they've seen it. The techs aren't the government--things they've seen don't automatically get excluded because they shouldn't have seen them.
If a private citizen breaks into my house and sees something illegal, they can usually alert the cops and have knowledge of that thing be admitted in court, even though they themselves can still be prosecuted for trespassing and breaking and entering.
rage, rage against the dying of the light