Strong Dissent in Porn-Related Search Case

[Bishop]

Strong Dissent in Porn-Related Computer Search Case
Warrant based only on Web site membership

Two judges on the 9th U.S. Circuit Court of Appeals who are on the liberal and conservative extremes of the court joined forces in strongly dissenting from a court ruling that mere membership in a pornographic Web site containing both legal and illegal porn is enough to authorize the FBI to search a home computer.

"The majority concludes that the [search warrant] affidavit made out probable cause by assuming that anyone who subscribes to an internet site with both legal and illegal material must collect illegal material from the site," wrote Judge Andrew Kleinfeld, a conservative appointee of President George H.W. Bush.

Full story here: http://www.law.com/jsp/article.jsp?id=1144228258971