Commonwealth v. Shaffer, J., Aplt.
Supreme Court of Pennsylvania
1Dissent
CHIEF JUSTICE SAYLOR, Dissenting
On the issue of abandonment, I agree with those courts which have held that a person does not abandon a reasonable expectation of privacy merely by turning a computer over to a repairperson to restore its functionality. See, e.g , United States v. Barth , 26 F. Supp. 2d 929, 936-37 (1998) ; State v. Cardwell , 414 S.C. 416, 778 S.E.2d 483, 488-89 (S.C. Ct. App. 2015), aff'd as modified , 425 S.C. 595, 824 S.E.2d 451 (2019). For my part, in the computer repair scenario, I am reluctant to find wholesale abandonment absent an express admonition to the defendant…
2Cases cited4 opinions
- United States v. Melvin Ray PaigeCourt of Appeals for the Fifth Circuit · 1998
- United States v. BarthDistrict Court, W.D. Texas · 1998
- State v. CardwellCourt of Appeals of South Carolina · 2015
- State v. CardwellSupreme Court of South Carolina · 2019