Category Archives: Fourth Amendment

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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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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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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Riley v. United States & United States v. Wurie, 573 U.S. ___(2014), June 2014.

*SCOTUS holds that cell phones may not be searched incident to arrest absent exigent circumstances or a warrant.* Riley Facts: Riley was pulled over for expired tags. The officer soon learned that he also had a suspended license. The vehicle … Continue reading

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United States v. Ganias, 2014 WL 2722618, C.A.2 (Conn.) June 2014.

Ganias appealed his tax evasion conviction on two grounds: 1) the district court erred in denying his motion to suppress his personal computer records, which had been retained by the Government for more than 2 ½ years after it copied … Continue reading

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United States v. Carroll, 2014 WL 1681983 (C.A.7 (Ind.)), April 2014

This is a staleness argument on a motion to suppress, arguing that the information used to support the warrant was 5 years old. Facts: Appellant was a professional photographer, and a friend of the victim’s father. He babysat for the … Continue reading

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