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Criminal Law

: Fourth Amendment

D.Kan.: Probation search justified by images on defendant's MySpace page

By John Wesley Hall, Jr.

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Probation search was justified by defendant’s MySpace page showing gang signs and two guns and cash. The probation search was valid without a search warrant. United States v. Romero, 2010 U.S. Dist. LEXIS 102089 (D. Kan. September 27, 2010): In April of 2009, Youthville caseworker Heather Kilmer, who works with families involved in Child In Need of Care proceedings, had contact with the defendant's wife, Elizabeth Trevino. Kilmer had worked on a case involving Trevino, defendant Romero and their children since April of 2008. As a result of that contact, Kilmer subsequently looked at the defendant's "My Space" web page on the internet. The web page showed various photos, including pictures of the defendant with other individuals apparently flashing gang signs, pictures of the defendant with his children, pictures of a firearm with two loaded clips, and large amounts of cash...continue to full post

Full post as published by Fourth Amendment on September 30, 2010 (boomark / email).

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