SAN FRANCISCO — The computer aboard a San Jose man’s SUV can’t be used against him, the Sixth District Court of Appeal ruled today. Noting that the case is one of first impression in California, the panel concluded that the police download of data a year after a fatal hit-and-run accident violated the defendant’s Fourth Amendment rights.
“The prosecution failed to show in this case that the download of data was justified by the circumstances warranting seizure of the vehicle and examination of its condition,” Justice Franklin Elia wrote. “Further, the download of raw data from a [sensing and diagnostic module] does not qualify as a scientific test, similar to DNA or ballistics testing since downloading is merely the copying or retrieval of electronic data or information.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
