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D.Ariz.: In a CP case, Internet access can be limited and computers searched as a condition of pretrial release

By John Wesley Hall, Jr.

Pretrial release searches for child pornography must comply with the Fourth Amendment. Defendant here may be prevented from access to the Internet. United States v. Brown, 2008 U.S. Dist. LEXIS 73715 (D. Ariz. July 14, 2008): This case is distinguishable from the Ninth Circuit's decision in United States v. Scott, 450 F.3d 863, 872 n. 11 (9th Cir. 2006), wherein the Ninth Circuit considered pretrial release conditions other than those designed to secure an accused's presence in court and the safety of the community. In Scott, the defendant was arrested on Nevada charges of drug possession and released on his own recognizance. Scott, 450 F.3d at 865. As a condition of his pretrial release, defendant was required to sign a form agreeing to comply with several conditions including "random" drug testing without a warrant and that his home be searched for drugs without a warrant...continue to full post

Full post as published by Fourth Amendment on September 29, 2008 (boomark / email).