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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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.