Seventh Circuit Clarifies Application of Fourth Amendment to Searches of Computer Hard Drives

seventh-circuit51While working as a life guard instructor, Matthew Mann covertly installed a video camera in a locker room in order to take footage of women changing their clothes.  After the camera was discovered and turned over to the authorities, police executed a search warrant at Mann’s home for “video tapes, CD’s or other digital media, computers, and the contents of said computers, tapes, or other electronic media, to search for images of women in locker rooms or other private areas.”  In connection with the search, police seized computers and an external hard drive from Mann.  Police later ran forensic software on this equipment that revealed the presence of child pornography, which formed the basis of a federal prosecution.

The district court denied Mann’s motion to suppress the images found on his hard drives.  Mann then pled guilty, but preserved the right to litigate his Fourth Amendment claim on appeal.  In United States v. Mann (No. 08-3041) (Rovner, J.), the Seventh Circuit affirmed.  Although the scope of the warrant was limited by its terms to a search for “images of women in locker rooms or other private areas,” the court held that police did not exceed the scope of the warrant when they collected and viewed Mann’s collection of child pornography. 

Continue ReadingSeventh Circuit Clarifies Application of Fourth Amendment to Searches of Computer Hard Drives

Giant of the Law Received His Legal Training at Marquette

By the time he enrolled in Marquette Law School in 1942, Clifford Thompson had already lived a remarkable life. Reputedly 8 feet, 7 inches tall, Thompson had become internationally famous as a circus performer and Hollywood actor, but he had also spent much of his life as a dairy farmer and a travelling spokesman for Milwaukee’s Blatz Beer. He also liked skiing and basketball.

In spite of his remarkable height, he managed to live a surprisingly normal life. Twice married to women more than three feet shorter than he, Thompson decided to become a lawyer in his late 30’s. He completed the law course at Marquette in two years, graduating as a member of the war-time Class of 1944. He subsequently practiced law in Wisconsin, California, and Oregon.

A detailed account of his life and times, including photographs, can be found here.

giant

Continue ReadingGiant of the Law Received His Legal Training at Marquette

The Puzzling Case of Summer Abroad Programs

Once every decade or so, the ABA’s annual meeting is set in London. It appears to be a popular decision, and why not? It allows a lawyer to fly to Europe and deduct the cost as a business expense, making the vacation that surrounds the meeting just a little bit cheaper (and in a weak dollar era, that’s not a bad thing). The ABA justifies its decision as giving American lawyers a chance to better understand the roots of the American legal system by studying the English common-law system. So, lawyers visit the Inns of Court, maybe take in a lecture or panel discussion from English lawyers and judges, and even visit the courts. But does one really learn anything applicable to the practice of law (or even the theory of law) from this event? (I put aside for now the question whether one learns anything from any ABA annual meeting.) The ABA’s justification is both true and trite. The English legal system serves as a broad-based template for the American legal system (with some exceptions that followed civil law), but large differences began to emerge by the early nineteenth century, and a distinctly American legal system was in place by no later than the end of the nineteenth century. How the country that gave us trial by jury managed to eliminate it in civil matters is interesting but dated and of little concern to nearly all American lawyers. Further, and more importantly, the English and American legal systems remain but a shadow of their former common-law selves. We live not just in an age of statutes (as Yale Law Professor and now federal appeals court Judge Guido Calabresi noted), but in an age of regulations and ordinances, of written laws unending. No, the reason to go to London is because it is a taxpayer-financed boondoggle.

Like the ABA, law schools may have initially found the lure of European travel the reason for the development of summer abroad programs. 

Continue ReadingThe Puzzling Case of Summer Abroad Programs