Category Archives: Defenses

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

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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

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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

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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

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United States v. Hite, 2014 WL 5343626 (C.A.D.C.)

Facts: Appellant, a resident of Virginia entered an online chat room and began conversation with an undercover police officer. The undercover’s persona was that he had access to a 12 year old girl and a 3 year old boy, and … Continue reading

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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.)

* This is a magistrate’s written opinion, and has not yet withstood appellate scrutiny.  However the issues presented are important for future search warrant requests, and for general legal considerations in our cases. You can read the full opinion here Gmail … Continue reading

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Ohio v. Fielding, 2014 WL 3512910 (Ohio App. 10 Dist.), July 2014

Facts: This is a typical ICAC investigation using Roundup on the Gnutella Network. The officer made a direct connection with defendant, downloaded images of child sexual exploitation, and captured the IP Address. A subpoena was sent to AT&T for subscriber … Continue reading

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