CO: No IAC for not challenging P2P search of computer since no REP

Defense counsel was not ineffective for not challenging the search of defendant’s computer via a P2P connection on Limewire that resulted in his child pornography conviction. By going online via Limewire, defendant essentially opened his computer to the outside world, and that means no reasonable expectation of privacy. The fact he didn’t know his computer could be entered by the police like that wasn’t of any consequence. [Virtually every case dealing with P2P connections has found no reasonable expectation of privacy in a computer, and the court cites only a few.] People v. Phipps, 2016 COA 190M, 2016 Colo. App. LEXIS 1869 (Dec. 29, 2016).

There was probable cause for defendant’s arrest, so the search incident was valid. State v. Jack, 2016-Ohio-8424, 2016 Ohio App. LEXIS 5267 (11th Dist. Dec. 27, 2016).*