Rehearing Denied, But Scope of Computer Search Case Restricted

U.S. v. Andrus, 2007 WL 2405256 (8/24/07) - The 10th denies rehearing, but restricts the holding in U.S. v. Andrus, 483 F.3d 711, decided back on April 25, 2007. In Andrus, the 10th issued a ruling that the homeowner had apparent authority to consent to the search of his son's password-protected computer in his son's room. In denying rehearing, the panel explicitly states that its holding is restricted to "the specific factual setting, including the undisputed fact that the owner had access to the computer, paid for internet access and had an e-mail address used to register on a website that provided access to the child porn his son downloaded." The panel stressed that this was not a case where facts were presented about "the extent of capability and activation of password protection or user profiles on home computers, the capability of Encase software to detect the presence of password protection or a user profile or the degree to which law enforcement confronts password protection or user profiles on home computers." Four judges (Kelly, Lucero, McConnell and Holmes) voted for en banc rehearing.