D.N.M.: GFE applies to CA10’s Ackerman that NCMEC is not a private searcher

In United States v. Ackerman, 831 F.3d 1292 (10th Cir. 2016), the Tenth Circuit held that NCMEC was not a mere private actor when it opened emails. Defendant’s search was 2012, and the court applies the good faith exception. At the time, the officers were reasonable in believing NCMEC conducted a private search, and they did not exceed it. United States v. Tolbert, 2018 U.S. Dist. LEXIS 125944 (D. N.M. July 27, 2018).

Defendant tried to do a Fourth Amendment IAC claim within his appeal which is generally denied for lack of a record. A part of a claim or two has some factual basis, it’s decided against him, and this is res judicata for post conviction. The main complaint: defense counsel was ineffective for not giving defendant a copy of the search warrant papers so he could see for himself [which isn’t much of a claim]. State v. Nicholson, 2018-Ohio-2932, 2018 Ohio App. LEXIS 3176 (8th Dist. July 26, 2018).*