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Criminal Law

: Fourth Amendment

IL: Adult porn does not mean child porn is near

By John Wesley Hall, Jr.

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Finding of adult porn in defendant's house is not reasonable suspicion to believe that child porn would be found on his computer. However, the computer use agreement he signed for probation permitted computer searches without reasonable suspicion, so the search was valid. People v. Thornburg, 2008 Ill. App. LEXIS 814 (2d Dist. August 12, 2008).* Detaining the mailed package in this case was permissible under Van Leeuwen because of reasonable suspicion. United States v. Alexander, 2008 U.S. App. LEXIS 17546, 2008 FED App. 0298P (6th Cir. August 18, 2008): In this case, Detective Cook's suspicion was reasonable. On this particular package, the signature was waived with an "X" mark, the package seemed "dense," the label was handwritten, the package was coming from Las Vegas and going to Shaker Heights, and the return address was fictitious...continue to full post

Full post as published by Fourth Amendment on August 19, 2008 (boomark / email).

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