State v. Rupnick

I agree with the majority that probable cause and exigent circumstances excused the warrantless seizure of the defendant’s computer. I further agree with the majority’s conclusion that, as a general rule, a warrant is required to search the contents of a computer hard drive.

I disagree, however, that a warrant was required for the search in this case. I would hold that the defendant’s voluntary admissions that he had Harrah’s documents in his laptop computer effectively revealed the incriminating contents of the computer hard drive, waiving any privacy interest he had in those documents stored…