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Criminal Law

: Fourth Amendment

CA9: Computer search probation condition for child porn offense was reasonable

By John Wesley Hall, Jr.

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A computer probation search condition was permissible because it was related to defendant's child pornography offense. United States v. Goddard, 2008 U.S. App. LEXIS 17074 (9th Cir.August 11, 2008): Likewise, the concept of monitoring and most of Condition 6 is consistent with Rearden. Subjecting computers and other devices able to access the Internet to monitoring, search and seizure is critical to preventing Goddard from viewing or obtaining child pornography, and requiring him to provide billing records is reasonably related to this objective. Accord United States v. Jeremiah, 493 F.3d 1042, 1046 (9th Cir. 2007) (monitoring finances permissible for defendant who failed to pay restitution). "Gun stop" anonymous call about possession of a gun led officers to a knock-and-talk at defendant's apartment in NYC...continue to full post

Full post as published by Fourth Amendment on August 13, 2008 (boomark / email).

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