Ziegler

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-30177 Plaintiff-Appellee, v.  D.C. No.

CR-03-00008-RFC

JEFFREY BRIAN ZIEGLER,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the District of Montana Richard F. Cebull, District Judge, Presiding

Argued and Submitted March 6, 2006—Seattle, Washington

Filed August 8, 2006

Before: Diarmuid F. O’Scannlain, Barry G. Silverman, and Ronald M. Gould, Circuit Judges.

Opinion by Judge O’Scannlain

9073 9076 UNITED STATES v. ZIEGLER

COUNSEL

David F. Ness, Assistant Federal Defender, Great Falls, Mon- tana, argued the cause for the defendant-appellant. Anthony R. Gallagher, Federal Defender, District of Montana, was on the briefs.

Marcia Hurd, Assistant United States Attorney, Billings, Montana, argued the cause for the plaintiff-appellee. William W. Mercer, United States Attorney, District of Montana, was on the brief.

OPINION

O’SCANNLAIN, Circuit Judge:

We must determine whether an employee has an expecta- tion of privacy in his workplace computer sufficient to sup- press images…