My treasured colleague, Capt Tim Cox, has filed a cert petition in Larson v. United States, No. 08-114. Here’s the QP:

In O’Connor v. Ortega, 480 U.S. 709 (1987), the plurality and concurrence disagreed that the reasonableness of a government employee’s expectation of privacy changes according to the Government’s identity at the time of its intrusion. Here, supervision could access Petitioner’s password-protected work computer and monitor his use. However, law enforcement agents conducting a criminal investigation entered Petitioner’s private, locked office and searched his computer without a warrant. Is evidence discovered in such a search admissible?

The complete cert petition is available here.

The Acting Solicitor General’s response deadline is 25 August. But if history is any guide, he’ll waive his right to respond within the next two weeks. The question will then become whether any Justice asks the United States to respond.

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