State v. Allen was a 1996 decision of the Kansas Supreme Court regarding what constitutes the unlawful access of a computer system.
[1] Eighteen-year-old Anthony Allen[2] had programmed his computer to wardial phone numbers to determine which were simply voice lines and which had modems attached to them.
[1] A Kansas trial court found that a preliminary hearing had failed to show probable cause that Allen had unlawfully accessed Southwestern Bell's computer systems.
The first was in regard to whether the trial court erred in ruling there was not sufficient evidence that Allen had gained "access" to Southwestern Bell's computers.
The prosecution, during the lower court hearing, had alleged that Allen caused damages to the Southwestern Bell Company by dialing into the system in question.
The trial court rejected this argument reasoning that Allen's actions were akin to someone looking at a no trespassing sign posted on a gate, causing the owner of the property to decide to add a new lock.
[1] The Supreme Court noted that, although investigation costs may be included in restitution payments paid by a defendant after they have been shown to be guilty, they do not in and of themselves constitute evidence against the accused.