D.Mont.: Def had no standing in a search of a UK CP bulletin board service that revealed his info

Defendant had no standing in a U.K. bulletin board where he was alleged to have obtained child pornography. U.S. officers got into the system and obtained defendant’s information. Even the fact it was password protected adds nothing to the standing inquiry. United States v. Merchberger, 2015 U.S. Dist. LEXIS 177888 (D.Mont. Jan. 8, 2015).

“In sum: the Court finds that Kirkley’s warrantless search of the defendant’s residence was not an extension of the initial emergency search, and that it was unlawful. The Court cannot, however, rule on the defendant’s motion to suppress without conducting an additional hearing to afford both parties an opportunity to adduce evidence relevant to the independent source doctrine, as explained above.” United States v. Kreifels, 2016 U.S. Dist. LEXIS 57273 (D.Neb. April 29, 2016).