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N.D.Iowa: Use of a software company to retrieve deleted images after seizure of media was reasonable

By John Wesley Hall, Jr.

The use of a private software company to retrieve deleted images did not violate the Fourth Amendment. A law enforcement officer was not necessary at the time of the search, and their expertise made this reasonable. Also, defendant was permitted to file his motion to suppress after the motions deadline where the motion to dismiss was first denied and the defendant’s indictment was superseded. CI’s detailed description of images of apparent child pornography that he saw in defendant’s home supported issuance of the search warrant. United States v. Heggebo, 2010 U.S. Dist. LEXIS 67527 (N.D. Iowa July 7, 2010).* Defendant’s email activities, while the last was 13 months before the search warrant, showed that the warrant was not stale and there was still probable cause to believe that child pornography was present...continue to full post

Full post as published by Fourth Amendment on July 10, 2010 (boomark / email).