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Administrative Subpoena to Yahoo! Poses No Fourth Amendment Problem

By Jonathan Byrne

US v. Bynum: Federal officers searched Bynum's home (he was living with his parents), pursuant to a warrant, following the investigation of a Yahoo! group to which Bynum had uploaded child pornography. A subsequent search of Bynum's laptop uncovered numerous pieces of child pornography, including those uploaded to the Yahoo! group. Three years later, he was charged with three counts of transporting child pornography and one count of possession. Prior to trial, Bynum unsuccessfully sought to suppress both the evidence uncovered during the search and the testimony of a Government expert on whether the images at issue involved actual children or were computer generated. He was convicted on all counts and sentenced to 192 months in prison.On appeal, Bynum challenged both his conviction and sentence, which the Fourth Circuit affirmed...continue to full post

Full post as published by Fourth Circuit Blog on May 06, 2010 (boomark / email).