I.At the time he was charged with criminal conduct, Michael Barrows served as the treasurer for the city of Glencoe, Oklahoma, a town located just north of Stillwater and approximately sixty miles northeast of Oklahoma City. Mr. Barrows shared a workspace with the city clerk in an open area of the city hall. Although a counter cordoned off their common work area from the general public, Mr. Barrows and the city clerk enjoyed little privacy. Other city employees regularly entered their space to use the city’s fax machine and photocopier, which were located approximately a foot from Mr. Barrows’s and the city clerk’s desk.
Mr. Barrows and the city clerk shared a computer in addition to desk space, and both used it to access city records and programs. They could not, however, use the computer simultaneously. To remedy this inconvenience, Mr. Barrows brought his personal computer to work. He placed the machine on the common desk and connected it via the city network to the common computer. Mr. Barrows informed his co-worker that this way, he and she could input data simultaneously and access city files from either computer.
Thereafter, Mr. Barrows conducted all of his city work on his personal computer. He did not install a password shield or otherwise attempt to exclude city employees from using his machine or gaining access to his files. Indeed, he left the computer running at all times—even in the evenings and while he was away from his desk.
Judge(s): Michael McConnell
Jurisdiction: U.S. Court of Appeals, Tenth Circuit
Related Categories: Constitutional Law
|Circuit Court Judge(s)|
|William Holloway, Jr.|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Robert Manchester, III|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Timothy Ogilvie||U.S. Department of Justice|
|John Richter||U.S. Department of Justice|