tag:blogger.com,1999:blog-21633793.post8583396704316873074..comments2023-12-12T03:19:42.467-05:00Comments on CYB3RCRIM3: Copying as Search and SeizureSusan Brennerhttp://www.blogger.com/profile/17575138839291052258noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-21633793.post-58562900675272504532009-10-27T00:01:32.511-04:002009-10-27T00:01:32.511-04:00"We agree that the mere recording of the seri..."We agree that the mere recording of the serial numbers did not constitute a seizure. ... In and of itself, however, it did not "meaningfully interfere" with respondent's possessory interest in either the serial numbers or the equipment, and therefore did not amount to a seizure. ... Officer Nelson's moving of the equipment, however, did constitute a "search" separate and apart from the search for the shooter, victims, and weapons that was the lawful objective of his entry into the apartment. Merely inspecting those parts of the turntable that came into view during the latter search would not have constituted an independent search, because it would have produced no additional invasion of respondent's privacy interest. ... But taking action, unrelated to the objectives of the authorized intrusion, which exposed to view concealed portions of the apartment or its contents, did produce a new invasion of respondent's privacy unjustified by the exigent circumstance that validated the entry. ... A search is a search, even if it happens to disclose nothing but the bottom of a turntable."" Arizona v. Hicks, 480 US 321<br /><br />I believe this is the more rational approach. A "seizure" interferes with a possessory interest. A "search" violates a privacy interest.<br /><br />We have a legitimate privacy interest in all of the barriers we erect to keep private things private. If the police force open my blinds, that's a search whether or not they look through them. I have a legitimate, reasonable privacy interest in those blinds remaining closed, not just in the police not looking through them.JoelKatzhttps://www.blogger.com/profile/09840865938897877532noreply@blogger.com