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D.Minn.: IP address was sufficient to support SW for defendant's computer

By John Wesley Hall, Jr.

IP address was sufficiently linked to defendant’s home to support nexus for a search warrant for his computer. While it was not exclusively his, it was otherwise linked to him and it was the most common one used by defendant. United States v. Kearney, 2009 U.S. Dist. LEXIS 110976 (D. Minn. November 30, 2009): Third, and most crucially, the affidavit links defendant's "ownership" of IP address 68.116.165.4 on May 20 to 22, 2008, to the Internet persona padraigh8 and the associated Yahoo! and MySpace accounts. Although there is no averment in the affidavit that the subject IP address belonged to defendant on the dates of the alleged chats between padriagh8 and "Julie," the affidavit provides probable cause to believe that defendant accessed padriagh8's Yahoo! and MySpace accounts on May 21 and 22, 2008...continue to full post

Full post as published by Fourth Amendment on December 03, 2009 (boomark / email).