Category Archives: Expert Testimony

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

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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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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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United States v. Ackerman, 2014 WL 2968164 (July 2014)

* This is a District Court Judge’s opinion and has not yet withstood appellate review, but is relevant to show a split in the courts regarding whether an ISP and NCMEC are  “Government Actors” triggering 4th Amendment scrutiny.* AOL and … Continue reading

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Arizona v. Bassett, 2014 WL 860802 (Ariz.App. Div. 1), March 2014

Appellant was charged with sexual exploitation of a minor, luring a minor for sexual purposes, and aggravated luring for sexual exploitation purposes. Appellant raised multiple issues on appeal, but only one, in my opinion, warrants any discussion here.  Attack on … Continue reading

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United States v. Yard, 2014 WL 803892 (C.A.3 (Pa.)), March 2014

Facts: Undercover FBI Agent using a peer to peer file sharing program searched for available CP images. The Agent downloaded 31 images from the available 1,100 images Appellant had available for sharing. A search warrant was executed, and Appellant’s computer … Continue reading

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