our office is prosecuting an officer under 39.02 for using running criminal background checks for personal benefit. I am striking out in finding case law for anything regarding TLETS misuse. Does anyone know of any and anyone who may have prosecuted such a case?
Michael T. Rittenberry
Posts: 3 | Location: Midland County | Registered: June 13, 2021
Not directly responsive, but there is a very recent (maybe 2-3 months ago) U S Supreme Court case to the effect that "unauthorized use" of a computer (or system) did NOT apply when the user had authorization to use the computer. I had to read the case a couple of times, and still don't really agree with the outcome. Sorry I don't have a cite for the case, but you may be able to find it on a current Supreme Court blog. I'll keep looking.
Posts: 53 | Location: Fort Stockton, Texas USA | Registered: April 04, 2001
We had a similar issue come up recently and I reviewed the Van Buren case, but that case was interpreting the Federal Cybercrime law and not 33.02. 33.02(b-1)(2) would seem to cover this situation as the access by your officer is in violation of a clear and conspicuous prohibition. Because of the broad language that subsection may fit your case.