Feds Can Search, Seize P2P Files Without Warrant

The authorities do not need court warrants to view and download files traded on peer-to-peer networks, a federal appeals court says.

Wednesday’s 3-0 ruling by the United States Court of Appeals for the Ninth Circuit concerned a Nevada man convicted of possessing child pornography as part of an FBI investigation. Defendant Charles Borowy claimed the Fourth Amendment required court authorization to search and seize his LimeWire files in 2007.

The San Francisco-based appeals court, however, cited the nation’s legal standard, reiterating that warrants are required if a search “violates a reasonable expectation of privacy.” (.pdf)

Borowy, the court noted, “was clearly aware that LimeWire was a file-sharing program that would allow the public at large to access files in his shared folder unless he took steps to avoid it.”

Federal court restricts Taser use by police

A federal appeals court this week ruled that a California police officer can be held liable for injuries suffered by an unarmed man he Tasered during a traffic stop. The decision, if allowed to stand, would set a rigorous legal precedent for when police are permitted to use the weapons and would force some law enforcement agencies throughout the state — and presumably the nation — to tighten their policies governing Taser use, experts said.

Michael Gennaco, an expert in police conduct issues who has conducted internal reviews of Taser use for the Los Angeles County Sheriff’s Department and other agencies, said the ruling by the United States Court of Appeals for the Ninth Circuit prohibits officers from deploying Tasers in a host of scenarios and largely limits their use to situations in which a person poses an obvious danger.

Western federal courts can now videotape some trials

The body that oversees 15 western federal trial courts announced a pilot program yesterday that will allow the videotaping of some civil trials.

The Judicial Council of the Ninth Circuit – the governing body for all federal courts in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands – unanimously voted to allow the trial courts in those states to experiment with taping in civil cases tried without a jury.

Ninth Circuit Chief Judge Alex Kozinski explained the Council hoped “that being able to see and hear what transpires in the courtroom will lead to a better public understanding of our judicial processes and enhanced confidence in the rule of law.”