united-states police search-and-seizure
Is incriminating evidence in plain sight if a computer mouse had to be bumped to reveal it?
<p>Let's say I have willingly invited the police into my living room.  Earlier I had been planning some highly illegal activities on my computer, located in the living room, and thus had incriminating evidence on the screen.  However, my computer is currently in hibernate mode, and so nothing is showing on the screen.  If anyone were to move the mouse, to wake my computer up, it would then display the evidence.  I'm wondering, if the computer were to be awaken, if the evidence could be deemed to be in plain sight.</p>
<p>I assume that if I was the one to accidentally bump my mouse, then yes, the evidence is in plain sight.  I also assume that if an officer walks over to my computer and, clearly and intentionally, moves the mouse to wake up the computer, that likely would not count as being in plain sight?</p>
<p>However, what if an officer claims to have accidentally bumped the mouse without intent?  Would the evidence on my computer then be in plain sight? What if they ask my minor son to show him the cool new wallpaper on the computer with the intent of getting the son to wake the computer so he can view its content?</p>

<p>This is such a fact specific question that I doubt there's a precedent that covers it exactly. It could probably go either way.</p>
