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S.D.Fla.: Govt's use of "enhanced software" to look into defendant's computer when set up P2P was not unreasonable

By John Wesley Hall, Jr.

Defendant was on a peer to peer network sharing child pornography, but the government used a different way into his computer. He was linked to a network, and while he was using the computer sharing with others, the government got into his computer with “enhanced software.” He was sharing files, so he had no reasonable expectation of privacy from this particular intrusion. United States v. Gabel, 2010 U.S. Dist. LEXIS 107131 (S.D. Fla. September 16, 2010).* Defendant’s traffic stop leaving a suspected “stash house” was valid, based on lack of mud flaps on his truck as required by state law. United States v. Rios, 2010 U.S. Dist. LEXIS 107109 (D. Ariz. September 2, 2010).* Defendant was the subject of a child sexual abuse investigation, and a search warrant was obtained for his computer in South Dakota, and it was seized...continue to full post

Full post as published by Fourth Amendment on October 11, 2010 (boomark / email).