United States v. Ziegler

by PREGERSON, REINHARDT, KOZINSKI, HAWKINS, THOMAS, McKEOWN, WARDLAW, FISHER, PAEZ, and BERZON, Circuit Judges:

For two reasons, I dissent from the court’s decision not to rehear this case en banc.

*893First, the employer in this case had an announced policy that employee computer use was subject to electronic monitoring from outside the employees’ offices by the employer. The panel incorrectly concludes that this policy constituted express authorization by the employees for the employer to do something quite different — to consent to a warrantless physical entry into the employees’ locked offices…