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United States v. Buckner

473 F.3d 551 (2007)

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United States v. Buckner

United States Court of Appeals for the Fourth Circuit
473 F.3d 551 (2007)

AR

Facts

The police believed that Michelle Buckner was involved in online fraud. When police went to Michelle’s home to investigate, she consented to a search of the computer she shared with her husband, Frank Buckner (defendant). With Michelle’s blessing, the officers seized the computer and discovered files that Buckner had protected with a password. Michelle did not know the password, but the police accessed the relevant files based on Michelle’s consent to search the shared computer. Ultimately, the police discovered evidence in the protected files that linked Buckner to the online fraud. After Buckner was convicted, he appealed to the United States Court of Appeals for the Fourth Circuit, arguing that Michelle could not consent to a search of his password-protected files, because she did not know the password and he intended to keep those files private.

Rule of Law

Issue

Holding and Reasoning (Motz, J.)

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