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Criminal Law

: Fourth Amendment

CA9: Admin supboena procurring defendant's IP address as recipient of child porn was PC

By John Wesley Hall, Jr.

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An administrative subpoena was used to get defendant's IP address as the recipient of child pornographer. This gave probable cause. United States v. Sloan, 2009 U.S. App. LEXIS 456 (9th Cir. January 8, 2009)* (unpublished). Officer had reasonable suspicion to detain the defendant for 20-25 minutes to get a drug dog to the scene. The dog's alert gave PC. United States v. Johnson, 2009 U.S. App. LEXIS 568 (11th Cir. January 14, 2009)* (unpublished). Officer watched two men separately enter a convenience store while talking on a cellphone. They stayed a brief time, came out without buying anything. One defendant came back to the parking lot two minutes later. In the officer's experience, this indicated a drug deal was going down, and this was reasonable suspicion...continue to full post

Full post as published by Fourth Amendment on January 17, 2009 (boomark / email).

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