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Digital Dirt Blawg
Computer Forensics, Privacy & the Law
Tags >> search warrants
Posted by: Frederick Lane
on 02 April 2011
Motion to Suppress Granted -- San Francisco police officers observed three men whom they believed to be members of the MS-13 gang standing in front of a restaurant. A no-loitering sign was posted in the restaurant window. The officers watched the men for a few minutes, but observed no threatening or gang-related behavior. The officers approached the men to advise them about the no-loitering policy, and despite the lack of any threatening behavior, conducted a pat-down search of each one.
Posted by: Frederick Lane
on 24 March 2011
Motion to Suppress Granted in Part and Denied in Part -- A search warrant was issued authorizing law enforcement agents to search for and seize evidence relating to two separate alleged crimes: drug trafficking and the manufacture of explosive devices. During the execution of the warrant, agents located and seized three marijuana pipes and three Dell computers. Defendant moved to suppress the computers, arguing that there was no probable cause for the search relating to drug trafficking.
Posted by: Frederick Lane
on 23 March 2011
Motion to Suppress Denied -- Defendant was a target of an investigation into an "account takeover" scam. Based on the results of their investigation, law enforcement agents applied for and received search warrants for the apartment of defendant's girlfriend, and a silver-colored Lexus automobile, which contained a laptop with relevant evidence.
Posted by: admin
on 13 February 2011
Motion to Suppress Denied in Part and Granted in Part -- Defendant was charged with "two counts of production of child pornography, in violation of 18 U.S.C. § 2251(a), one count of receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2), and one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B)." The charges stemmed from an investigation into a report that a man driving a white SUV had exposed himself to a young girl near the Dixie Elementary School in San Rafael, California.
Posted by: admin
on 10 February 2011
Judgment Affirmed -- Defendant was prosecuted for possession of child pornography following a search of his home and personal computer revealed hundreds of child pornography files. The affidavit submitted in support of the search warrant stated that investigators had traced a shared file to defendant's computer.
Posted by: admin
on 06 February 2011
Laptop Search Upheld -- Defendant was indicted with various co-conspirators for stealing personal identifying information of other individuals and using it to file fraudulent unemployment claims in Texas. During their investigation, law enforcement officers learned from a co-conspirator that the defendant had stashed a cardboard box box and laptop computer at his girlfriend's apartment, and they went there to retrieve them.
Posted by: Frederick Lane
on 24 January 2011
Search Upheld — Defendant was accused of rape by his adult daughter; 12 years earlier, she had been taken from defendant's home following allegations of molestation. At the time of the rape charge, defendant was on probation for a drug offense. As a condition of probation, defendant agreed to warrantless searches by probation officers. In addition to the rape charge, there were numerous allegations that defendant was dealing drugs.
Posted by: Frederick Lane
on 07 February 2010
Jaime Aguirre, a 43-year-old Ohio medical imaging technician accused of taking hundreds of surreptitious nude and semi-nude photos of patients at Advanced Medical Imaging in Tiffin, Ohio, pleaded "no contest" to 15 child pornography charges in a Portage County courthouse. Additional child pornography and voyeurism charges were filed against Aguirre in Seneca County (where AMI is located) after a forensic examination of his home computer revealed more patient photos. Police also found hundreds of photos and video recordings of women made in various public locations near Aguirre's home. Bond for the Seneca County charges was set at $750,000.
Posted by: Frederick Lane
on 25 November 2009
Not surprisingly, U.S. Solicitor General Elena Kagan (the Obama administration's top legal advocate) has filed a brief seeking a rehearing of the 9th Circuit's en banc decision recommending strict limits on governmental computer searches. The ruling was handed down last August in United States v. Comprehensive Drug Testing, Inc., the government's long-running investigation into steroid use by atheletes.
Posted by: Frederick Lane
on 26 October 2009
An Australian child rights activist and a Queensland cyber-law professor allege that encryption tools contained in Windows 7 could prove a boon to child pornographers and other criminals by making it easier to hide electronic evidence.
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