Category Archives: Fifth Amendment

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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Massachusetts v. Gelfgatt, — N.E.3d —-, 468 Mass. 512, 2014 WL 2853731 (Mass.), June 2014.

* Compelling decryption passwords from Defendants* Facts: Gelfgatt (an attorney) used his computer to conduct a sophisticated scheme of diverting to himself funds that were intended to be used to pay off large mortgage loans on residential properties. He purportedly … Continue reading

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New Mexico v. Olsson & New Mexico v Ballard, 2014 WL 1569184 (N.M.)), April 2014

The New Mexico Supreme Court granted cert on two cases. Each dealing with the proper unit of prosecution in possession of child pornography cases. In each case, appellants’ were convicted of multiple counts of possession of child pornography. Each count … 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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Free Speech Coalition v. Holder, 2013 WL 3761077 (E.D.Pa.)) July 2013

The same plaintiffs who brought you Ashcroft v. Free Speech Coalition are yet again in court.  This time attempting to get 18 U.S.C. § 2257 and §2257A as well as their corresponding regulations (imposing recordkeeping, labeling, and inspection requirements) struck … Continue reading

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