ILNews

COA upholds denial of motion to suppress

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The Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest in the subscriber information of an Internet service provider.

On interlocutory appeal of the denial of his motion to suppress, Monty Rader challenged the warrant issued to search his Greencastle home after he had several sexually suggestive chats with an undercover police officer posing as a teenage girl. He was charged with two counts of Class C felony child solicitation.

After chatting with Rader online, the officer subpoenaed Yahoo! to get the account information for the user name “monty20064;” Yahoo! said it was registered to “Mr. Monty Rader” in Greencastle and provided the IP address used to log into the account. The detective then subpoenaed the Internet service provider to get account information with that IP address. It came back registered to Kenneth Rader in Greencastle, who is Rader’s father.

The detective used this information to get a search warrant of the address connected to the IP address.

In Monty Rader v. State of Indiana, No. 49A02-0907-CR-691, Rader claimed that there wasn’t a sufficient nexus between his home and the alleged criminal activity to justify issuing the search warrant. But the probable cause affidavit explained that the account for the user name chatting with the undercover officer was registered in Rader’s name, and the IP address connected to the user name is associated with Rader’s address. The judges also found the lack of listing the actual IP addressed used by monty20064 wasn’t a fatal omission.

“… the IP address used to log in to the monty20064 account was, on the dates in question, assigned to Rader’s home,” wrote Judge Paul Mathias. “From this information, the issuing magistrate could properly link the criminal activity of the monty20064 account to both Monty Rader and the address where Rader lived.”

Rader also acknowledged that the Indiana Supreme Court has held a prosecutor can properly secure information from a third party, such as an ISP, by issuing a subpoena duces tecum, Oman v. State, 737 N.E.2d 1131, 1138 (Ind. 2000). Instead, Rader wanted the appellate court to adopt the holding of the New Jersey Supreme Court in State v. Reid, 945 A.2d 26, 27 (N.J. 2008), which held under the search and seizure provisions of that state’s constitution, citizens had a reasonable expectation of privacy in the subscriber information they provide to ISPs.

But that ruling also found law enforcement could satisfy the state’s constitutional requirements by serving a grand jury subpoena on an ISP, a similar ruling to the holding in Oman. The judges also declined to adopt the New Jersey holding because it’s beyond their authority.

“Rader concedes that Oman would permit the sort of subpoenas issued in the present case; he simply thinks Oman was decided incorrectly. If there is a change that should be made in the case law in this regard, it is a change that must come from our supreme court,” wrote Judge Mathias.
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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