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7th Circuit addresses digital media searches

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Despite being troubled by some aspects of a police officer's search of computers of a man charged with voyeurism - during which the officer discovered child pornography - the 7th Circuit Court of Appeals found the search didn't exceed the scope of the original warrant.

In United States of America v. Matthew Eric Mann, No. 08-3041, Matthew Mann appealed the denial of his motion to suppress evidence of child pornography found on computers police searched to find evidence of voyeurism. Women in a locker room discovered a camera Mann had installed while working at the facility as a lifeguard. The police got a warrant to search Mann's computers to find images of women in locker rooms or other private areas. The police took a few computers and related items. 

Two months later, Lafayette Police Detective Paul Huff searched Mann's computers using software that would put the images into a viewable format and also alert police to Known File Filter files, which typically are previously identified child pornography images.

Huff found images from locker rooms and child pornography after searching the two computers. Two months later, he found four KFF alert files of child pornography on the external hard drive, and that many other flagged images were also of child pornography. Huff also found two videos from a high school locker room.

Mann tried to suppress the evidence because the officers exceeded the scope of the warrant. The District Court concluded with limited exceptions the search was within the scope of the warrant. Mann then entered a conditional guilty plea to possession of child pornography and reserved his right to appeal the denial of his challenge to suppress.

Mann wanted the Circuit judges to use United States v. Carey, 172 F.3d 1268 (10th Cir. 1999), to overturn the District Court's decision, but the 7th Circuit found Mann's case was similar to United States v. Wong, 334 F.3d 831 (9th Cir. 2003). Like the officer in Wong, Huff continued to look for voyeuristic images even after he discovered the child pornography.

The Circuit judges also decided the four KFF alert files were outside the scope of the search because Huff should have known once they were flagged, they would be child pornography. However, the other images Huff discovered should have been allowed because images indicating voyeurism could have been hidden anywhere in the computer and not easily recognizable, noted Judge Ilana Rovner.

The 7th Circuit also advised those involved in searches of digital media to exercise caution to ensure warrants describe "with particularity the things to be seized and that searches are narrowly tailored to uncover only those things described."

Although they allowed the images other than the 4 KFF alert files found by Huff to be admitted into evidence, "we emphasize that his failure to stop his search and request a separate warrant for child pornography is troubling," wrote Judge Rovner.

The appellate judges found it problematic that Huff waited two months before searching additional computer equipment but notwithstanding their "distaste for the timeline of the investigation,"  the original warrant authorized Huff's search of the external hard drive for voyeuristic images.

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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