Author Archives: oldncpca

United States v. Hoffman, 2014 WL 6997856 (N.M.Ct.Crim.App.) 11 December, 2014

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.  … Continue reading

Posted in Probable Cause, Rules of Evidence, Search Warrant, Suppression, UCMJ | Leave a comment

Florida v. Knight, 2014 WL 7243139 (Fla.App. 1 Dist.) December 22, 2014

Facts:  Detective B of the Neptune Beach Police Department was using forensic software to look for images of child sexual abuse being transferred via peer-to-peer networks.  The program would log the IP Address of any computer trading known images of … Continue reading

Posted in Jurisdiction, Suppression | Leave a comment

United States v. Gladding, 2014 WL 7399113 (C.A.9 (Cal.)) December 31, 2014

Facts: Appellant was indicted on two counts of possession of child sexual abuse images.  The indictment included that Appellant’s electronic storage devices, including three computers and other hard drives, were subject to forfeiture under 18 U.S.C. 2253 because they contained … Continue reading

Posted in Expert Testimony, Technology | Leave a comment

United States v. Borostowski, 2014 WL 7399074 (C.A.7 (Ill.)), December 31,2014

Facts: An FBI Agent assumed (with consent) the identity of an informant, and used that identity to chat with appellant.  Appellant offered to provide child sexual abuse images in exchange for a web cam session with a child.  Images were … Continue reading

Posted in Defenses, Fifth Amendment, Rules of Evidence, Search Warrant, Suppression | Leave a comment

United States v. DiTomasso, 2014 WL 5462467 (S.D.N.Y.) October 28, 2014

*This is a District Court Judges’ opinion and has not yet withstood appellate scrutiny. Facts: Defendant is charged with production and transportation of child sexual abuse images. The evidence supporting some of the charges comes from NCMEC Cybertipline reports. Those … Continue reading

Posted in Defenses, Deleted Files, Fourth Amendment, Search Warrant, Suppression, Technology | Leave a comment

Massachusets v. Rollins, 2014 WL 5470477 (Mass.)) October 30, 2014

Facts: Appellant brought his computer in to a repair shop, where the technician observed more than 1200 images of apparent child pornography, saved them to a thumbdrive, and contacted police.   An officer arrived, confiscated the computer, and called appellant to … Continue reading

Posted in Charging Document, Child Erotica v. Pornography, Defenses, First Amendment, Rules of Evidence | Leave a comment

Missouri v. Marquis, 2014 WL 5462316 (Mo.App. W.D.)) October 28, 2014

Facts: The child sexual exploitation charges arise incidentally from a child abuse investigation. One day when L.M. (the daughter of Appellant) was caught playing with her father’s playstation, he hit her in the face with the playstation, spanked her, took … Continue reading

Posted in Defenses, Deleted Files, Expert Testimony | Leave a comment