S.D.Fla.: Govt’s use of “enhanced software” to look into defendant’s computer when set up P2P was not unreasonable

Defendant was on a peer to peer network sharing child pornography, but the government used a different way into his computer. He was linked to a network, and while he was using the computer sharing with others, the government got into his computer with “enhanced software.” He was sharing files, so he had no reasonable expectation of privacy from this particular intrusion. United States v. Gabel, 2010 U.S. Dist. LEXIS 107131 (S.D. Fla. September 16, 2010).*

Defendant’s traffic stop leaving a suspected “stash house” was valid, based on lack of mud flaps on his truck as required by state law. United States v. Rios, 2010 U.S. Dist. LEXIS 107109 (D. Ariz. September 2, 2010).*

Defendant was the subject of a child sexual abuse investigation, and a search warrant was obtained for his computer in South Dakota, and it was seized. It was transferred to Wisconsin where another search warrant was issued to search it. The search warrants were based on probable cause to believe that there was child pornography [despite all the boilerplate revealed in the opinion] because the victim’s mother checked the computer and its Internet history and saw that child porn was defendant’s focus. That gave probable cause. United States v. Houston, 754 F. Supp. 2d 1059 (D. S.D. 2010).*