E.D.Wis.: No REP child porn sent by Facebook Messenger won’t be retransmitted to police by Facebook

There is no reasonable expectation of privacy in child pornography uploaded to Facebook Messenger. Even treating it as email (Warshak), the email provider can turn child pornography over to law enforcement when it is transmitted. Then a further search warrant would be required. United States v. Bebris, 2020 U.S. Dist. LEXIS 39837 (E.D. Wis. Mar. 9, 2020).

Two officers’ different testimony about the basis for the stop doesn’t mean that the district court’s credibility findings won’t be followed on appeal. The district court credited the testimony of one over the other, and there’s no justification for finding that erroneous. United States v. Salazar, 2020 U.S. App. LEXIS 7096 (6th Cir. Mar. 6, 2020).*

The trial court’s conclusion that the trooper lacked reasonable suspicion to believe that defendant’s car contained drugs or that the driver and defendant were engaged in drug-related activity was supported by the evidence as was its finding that the driver’s and defendant’s “body language” and “inconsistent statements” did not rise to the standard of a reasonable suspicion. Thus, the detention for the drug dog was unreasonable. State v. Lawler, 2020-Ohio-849, 2020 Ohio App. LEXIS 776 (3d Dist. Mar. 9, 2020).*

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