9th Circuit enacts Miranda-like code for computer search and seizure
At The Volokh Conspiracy, Orin Kerr links to the 9th Circuit’s decision in United States v. Comprehensive Drug Testing, No. 05-10067 (9th Cir. Aug. 26, 2009) and writes: “The majority opinion, by Judge Alex Kozinski, announces a laundry list of brand-new rules, introduced with no citations to any authority, that henceforth the government must follow when executing warrants for digital information.”
Appellate Court of Illinois rules that automatically generated internet “cache” can establish “control” of child porn
People v. Josephitis, No. 1-07-2147 (Ill. App., Aug. 19, 2009)
At issue on appeal is the question of “knowing possession,” i.e., whether images automatically downloaded from the internet and stored in the “temporary internet files” folder of a computer’s hard drive can contribute to a conviction for “voluntary” possession of child pornography within the meaning of section 11-20.1(a)(6) of the Criminal Code of 1961.
Alaska Court of Appeals rules that convictions for distribution and possession of child pornography must merge
Ogletree v. Alaska, No. A-9638 (Alaska App. Aug. 19, 2009)
The court noted . . . that “[t]he prosecutor did not differentiate the images of child pornography that supported the charge of possession of child pornography from the images that supported the charge of distribution of child pornography.” Since both counts are based on “the entirety of images seized,” a dual conviction would amount to a violation of double jeopardy.
1st Circuit Authorities for Various SOB Ordinance Requirements
2nd Circuit Authorities for Various SOB Ordinance Requirements
3rd Circuit Authorities for Various SOB Ordinance Requirements
4th Circuit Authorities for Various SOB Ordinance Requirements
5th Circuit Authorities for Various SOB Ordinance Requirements
6th Circuit Authorities for Various SOB Ordinance Requirements
8th Circuit: No “reasonable expectation of privacy” in use of file sharing programs to trade child pornography
USA v. Stults, No. 08-3183 (8th Cir., Aug. 14, 2009)
