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D. New Mexico

The following is a chronological list of opinions issued by the U.S. District Court for the District of New Mexico that involve or touch on some aspect of computer forensics. Every effort is being made to locate relevant decisions; however, this list is intended as a research aid only, and should not be considered definitive. If you have any suggestions for decisions that should be added to this list, please email them to me using the contact form.

Reminder: These case digests are provided for informational purposes only, and do not constitute legal advice. Anyone conducting legal research on a particular topic or in a specific jurisdiction is advised to supplement these materials with their own efforts or those of a qualified attorney whom they have hired for that purpose.

2010

U.S. v. Warren, No. 09-CR-2059 BB (D. N.M. 7-29-2010) -- Defendant in child pornography possession case moved for a bill of particulars from the government. The District Court denied the motion, saying that defendant had received ample information about the nature of the allegations, including a detailed computer forensics report.

U.S. v. Warren, No. CR 09-2059 BB (D. N.M. 7-23-2010) -- Defendant in child pornography possession case moved to suppress evidence seized from his computer on the grounds that the underlying affidavit was flawed and failed to establish probable cause. The District Court denied the motion, finding that the affidavit was sufficiently detailed and particular to merit the issuance of a search warrant. The Court did criticize the affidavit for its mistaken reference to a prior conviction of an individual with the same name as the defendant, but held that the mistake did not invalidate the search warrant. It did not show reckless disregard for the truth, nor was it critical to the issuance of the warrant; there was ample evidence regarding defendant's prior identification in ICE investigations, as well as recent efforts to access a fake child pornography Web site created by the FBI.