Category Archives: Technology

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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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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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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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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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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United States v. Drivdahl, 014 WL 896734 (D.Mont.), March 2014

 * Distinguishes United States v. Keith, 2013 WL 5918524 (D.Mass. Nov. 5, 2013) Facts: Defendant was charged with receipt and distribution of CP. The basis for these charges originated with a CyberTipline Report made to NCMEC in February 2013 via … 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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