![]() ![]() ![]() Seven days later, McDonnell’s attorney sent the investigators an email telling them his client had withdrawn his consent to their search.īut investigators subsequently examined the copy of the hard drive. Investigators created a copy of his hard drive before leaving. Army Criminal Investigation Division Command investigators went to McDonnell’s home on July 12, 2019, where he signed a form consenting to their search of his laptop computer. 36 September Term 2022.Īccording to court papers, U.S. The justices are expected to render their decision by Aug. The Supreme Court will hear arguments in June. ![]() “(B)y withdrawing his consent to search the data prior to the search, as is always the case with withdrawal of consent, (McDonnell) reclaimed his expectation of privacy in that data, the infringement upon which required a valid search warrant.” “(T)he whole point of (McDonnell’s) initial consent to search the computer, or any electronic copy, was to give consent to search the relevant data from the computer, and that the whole point of his withdrawal of consent was to withdraw the initial consent to search that data,” wrote Murphy, of the Law Offices of Murphy & Price LLP in Ocean City. wrote in McDonnell’s failed request that the high court decline the state’s appeal. Thus by withdrawing his consent, McDonnell deprived law enforcement of access to the computerized and copied data without a warrant, J. ![]()
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