U.S. v. Bortnick, 2010 WL 935482 (D. Kan. Mar. 11, 2010)

Key Insight: Where the government proposed that expert?s access to hard drive seized from defendant be contingent upon submitting to search of expert?s person and equipment before leaving the Sherriff?s department after each visit, court found the search rendered the drive ?not reasonably available? and ordered the restriction lifted or, if the Sherriff was unwilling or unable to do so, that the drive be made available to defendant?s expert in a ?safe room? at the courthouse under the conditions proposed by defendant

Nature of Case: Criminal prosecution related to child pornography

Electronic Data Involved: Copy of hard drive seized by police