George Washington University Professor Orin Kerr, writing at The Volokh Conspiracy, has an interesting piece up on the Comprehensive Drug Testing case discussed below.

Entitled How the Ninth Circuit Tried To End Plain View for Computer Searches Without Ending Plain View for Computer Searches, Professor Kerr’s musings mirror some of the comments in this blog about the effect of the plain view doctrine in digital searches. His conclusion — “The Ninth Circuit took a truly remarkable step: It ordered the government to behave exactly as it would behave if the plain view exception did not exist” — seems pretty much on the mark.

Query: assuming arguendo that the Ninth Circuit got this one right, can’t the prophylactic steps proscribed by Comprehensive Drug Testing be applied to all warrant searches?

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