Facts: AL, a thirteen year old boy reported that while he was walking home alone a Male in an SUV approached him making gestures consistent with fellatio. After doing this several times, the male asked if AL wanted a ride. AL declined. A little more than a month later, AL saw the same SUV in the same area and he telephoned his mother. She picked up AL and they engaged in a high speed chase with the SUV, and copied down the license plate. Investigators showed up to Appellant’s work to speak with him. Appellant gave consent to search his barracks and seize any evidentiary items. After a number of items were collected and placed on Appellant’s desk, appellant revoked his consent. The agent stopped searching, but sized the items already on the desk. Several days later, the Special Agent (SA) who took over the case learned of two other identical incidents involving two other similarly aged boys within months of each other. The SA requested via affidavit, authorization to search Appellant’s computer for child pornography. * Note* One avenue to secure authorization to search/seize in a military barracks room is through the Commander (who is said to own those rooms), the other of course is via a magistrate. Continue reading
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Technology Facilitated Crimes Against Children Blog (Case Law Updates)
- United States v. Hoffman, 2014 WL 6997856 (N.M.Ct.Crim.App.) 11 December, 2014
- Florida v. Knight, 2014 WL 7243139 (Fla.App. 1 Dist.) December 22, 2014
- United States v. Gladding, 2014 WL 7399113 (C.A.9 (Cal.)) December 31, 2014
- United States v. Borostowski, 2014 WL 7399074 (C.A.7 (Ill.)), December 31,2014
- United States v. DiTomasso, 2014 WL 5462467 (S.D.N.Y.) October 28, 2014
- Massachusets v. Rollins, 2014 WL 5470477 (Mass.)) October 30, 2014
- Missouri v. Marquis, 2014 WL 5462316 (Mo.App. W.D.)) October 28, 2014
- United States v. Hite, 2014 WL 5343626 (C.A.D.C.)
- In the Matter of a warrant for all content and other information associated with the email account xxxxx@gmail.com maintain at premises controlled by Google, Inc. July 2014 (S.D.N.Y.)
- Ohio v. Fielding, 2014 WL 3512910 (Ohio App. 10 Dist.), July 2014