I confess I lost interest in the United States v. Ziegler case after the panel changed course and reversed its holding on the reasonable expectation of privacy in computers in the private-sector workplace. Decisions applying the Fourth Amendment to computers seem to be falling out of the trees these days, and the panel’s second ruling on third-party consent was pretty fact-bound. However, it turns out that a bunch of Ninth Circuit Judges were still paying very close attention to the case. Check out the opinion dissenting from rehearing en banc by Willie Fletcher joined by Pregerson, Reinhardt, Kozinski, Hawkins, Thomas, McKeown, Wardlaw, Fisher, Paez, and Berzon, a.k.a. “the Libs + The Easy Rider.” Judge Kozinski also filed a very heated separate dissent (albeit one that misspells “rehearing” in the title).
Hat tip: Above the Law.