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Criminal Law

: Fourth Amendment

D.Minn.: Use of home IP address to buy CP was PC for SW

By John Wesley Hall, Jr.

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ICE was monitoring credit card purchases from a child pornography website. Defendant purchased using an e-mail address and a credit card. The IP address of the e-mail was traced to defendant’s house. That provided probable cause for a search warrant for the house and its computers. United States v. Skjonsby, 2011 U.S. Dist. LEXIS 16546 (D. Minn. January 14, 2011).* Defense counsel was not ineffective for not calling witnesses at a Franks hearing since he could not even make a threshold showing to get a Franks hearing anyway. The falsities he was relying on were insufficient to undermine probable cause. Smith v. United States, 2011 U.S. Dist. LEXIS 16366 (E.D. Mo. February 18, 2011).* Officers called out to the defendant to attempt to get him to stop as he approached a drug house late at night...continue to full post

Full post as published by Fourth Amendment on February 23, 2011 (boomark / email).

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