D.Ariz.: No REP in CP; AOL did a private search sending to NCMEC

AOL reported potential child porn to NCMEC, and that was within its terms of service. That was a private search. Moreover, “[t]his Court concludes that society has decided the interest in ‘privately’ possessing child pornography is illegitimate. Opening the image attached to the Cybertip report did not infringe an expectation of privacy that society is prepared to consider reasonable. Opening the copy of the image of child pornography included in the Cybertip report was not a search within the meaning of the Fourth Amendment.” Vandyck v. United States, 2022 U.S. Dist. LEXIS 226063 (D. Ariz. Dec. 15, 2022).

Officers had a report of a man with a gun that led them to defendant and his vehicle and the presence of a gun in plain view on the front seat was probable cause. United States v. O’Neil, 2022 U.S. Dist. LEXIS 225096 (N.D. Ill. Dec. 14, 2022).*

Officers saw defendant in an online meeting room masturbating to child porn. The search warrant for his computers was issued 10 months after that, and it was not stale. Reasonable inferences supported probable cause. State v. Dixon, 2022-Ohio-4532, 2022 Ohio App. LEXIS 4242 (10th Dist. Dec. 15, 2022).*

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