Category Archives: Suppression

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. 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

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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