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Criminal Law

: Fourth Amendment

CA4: Defendant's emailing explicit photos to his ex of her 14 yo sister was PC for SW of computer and cell phone

By John Wesley Hall, Jr.

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Police had probable cause for a search warrant for defendant’s computer and cell phone for child pornography. Defendant’s girlfriend got a call from defendant’s ex and the mother of his child that he’d emailed her explicit pictures of her 14 year old sister. The girlfriend accessed defendant’s email account and saw that he emailed himself pictures from his cell phone. She told police, and this was PC for a search warrant. United States v. Blauvelt, 2011 U.S. App. LEXIS 4593 (4th Cir. March 9, 2011).* Consent as a whole was found to be valid. Defendant was handcuffed without display of weapons, and he reinforced is oral consent with written consent. Gonzalez v. State, 2011 Fla. App. LEXIS 3167 (4th DCA March 9, 2011)...continue to full post

Full post as published by Fourth Amendment on March 13, 2011 (boomark / email).

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