The reason I’d like to drop by the University of Arizona Law School is to attend an oral argument—before the Court of Appeals for the Armed Forces, of all legal bodies.
“The United States Court of Appeals for the Armed Forces exercises worldwide appellate jurisdiction over members of the armed forces on active duty and other persons subject to the Uniform Code of Military Justice. The Court is composed of five civilian judges appointed for 15-year terms by the President with the advice and consent of the Senate.”
The Rehnquist Center at the law school has announced the morning event, during which law students will have the opportunity to argue; those same students have already filed an amicus brief in the case.
The Center says that the Court has never traveled to Tucson. But if that’s not enough of a draw, here are the case facts:
“GCM conviction of possession of child pornography, larceny of military property and filing a false claim. Granted issues question (1) whether the military judge abused his discretion when he failed to suppress evidence of child pornography discovered on Appellant’s personal computer in the course of an unreasonable search conducted to find contraband after Appellant was wounded in Iraq and medically evacuated to the United States; and (2) whether the Army Court erred in creating a new exception to the Fourth Amendment when it held that the Government’s search of Appellant’s personal computer was reasonable because the Government was not ‘certain’ or ‘absolutely clear’ that it would be returned to the wounded-warrior Appellant.”
From where I sit, that is a fascinating Fourth Amendment question. (Although didn’t the U.S. Supreme Court this past Term examine a question related to privacy rights on a school computer that could possibly be returned to the employer? What case was that? Anyone?) (Recently, Canada’s Supreme Court took the view that folks do have some measure of privacy, even on their work-issued computer. O Canada.)
More information about the Tuesday morning arguments is here. Included among the detail are the argument briefs (in PDF).Follow @azatty