You're driving your boss's car, with your girlfriend next to you. It's a pretty sweet ride, so things are going well.
The stoplight you're at turns green, so you start accelerating, but suddenly screech to a halt; the car in front of you stalled. Good instincts! Except that the drunk idiot behind you in the pickup tapped your rear bumper. Now, let's imagine your boss is very scary. I recognize this isn't always the case, but bear with me; they can fire you, after all. So you get out to inspect the damage.
What luck! Some cops are driving by right after this happens. They direct you to a nearby parking lot to check out the bumper, while they arrest the drunk idiot. Then, in the parking lot, they get your statement by the car with the flashing lights. Woah! Some totally different guy comes out of nowhere and steals your car! The cops give chase, but lose him. They apologize, say they'll keep an eye out, and drive you and the girlfriend to a hotel.
Sigh… That is pretty crazy. Of course, a good story needs a twist, so here it is — every person mentioned, except your girlfriend and you, was a federal law enforcement agent.
Even the drunk guy.
It's not an episode of The Shield, it's the factual analysis in USA v. Ascension Alverez-Tejeda, in the 9th circuit decision filed today. The entire purpose of that exercise was to get the car and take the drugs in it without the driver (Alverez-Tejeda) or his boss finding out. And while it seems crazy at first glance, nothing the cops did violated the driver's 4th amendment rights.
I really suggest reading the opinion if you're at all interested in physical property laws and the right against unreasonable searches and seizures. It's extremely straightforward and well-written, which is par for the course for Judge Kozinksi. In fact, it's even got a little about asset forfeiture law, for you nerds in the audience.
Be warned that 4th amendment law as it relates to computer information is a totally different beast, slavering and snarling and utterly intimidating (boss-like?). IT law is pretty fractured because it's so new, and a lot of judges can't even use their email properly. Note: if this is the case, I know a company, might be able to help.
