CA9: SW for one CP message board user’s email account led to finding CP for defendant; no 4A violation

A search warrant was obtained for the email account of a user of the Dark Moon messaging board for users of child pornography. After searching that one, officers got permission to use the email account. That did not lead to an unlawful search of defendant responses. United States v. Brown, 2017 U.S. App. LEXIS 10399 (9th Cir. June 12, 2017):

Pursuant to a search warrant, FBI Special Agent Mandy Fellenz searched the email account of Dark Moon messaging board member Charles Crosby and located log-in information for that board. Without obtaining a separate warrant, Fellenz then logged onto Dark Moon and saw child pornography. Separately, government agents later executed search warrants at the residences of several suspected members of a different messaging board, Kingdom of Future Dreams (“KOFD”), some of whom were also members of Dark Moon. These members consented to agents’ search of the Dark Moon site. Brown asserted that Fellenz’s warrantless search of Dark Moon was “critical” to agents later obtaining other evidence from searches consented to by the KOFD suspects, and therefore such evidence was tainted.

This entry was posted in E-mail, Reasonable expectation of privacy. Bookmark the permalink.

Comments are closed.