'Plain View' In The Vastness Of Computer Space

Law360, New York (May 2, 2011, 4:40 PM EDT) -- Forty years ago, Justice Potter Stewart wrote: “The time is long past when men believed that development of the law must always proceed by the smooth incorporation of new situations into a single coherent analytical framework.” Coolidge v. New Hampshire, 403 U.S. 443, 483 (1971). But the law still sometimes struggles to fit the new into the old and familiar. The new “square peg” digital age and the old and familiar “round hole” plain view doctrine provide a perfect example.

When he wrote the majority opinion...
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