{"id":11582,"date":"2014-05-16T18:34:40","date_gmt":"2014-05-16T23:34:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11582"},"modified":"2014-05-17T11:49:18","modified_gmt":"2014-05-17T16:49:18","slug":"n-d-ga-jones-doesnt-create-a-rep-in-a-computers-with-peer-to-peer-software-that-lets-the-police-in","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=11582","title":{"rendered":"N.D.Ga.: Jones doesn&#8217;t create a REP in a computer with peer to peer software that lets the police in"},"content":{"rendered":"<p>\u201cSeveral courts have rejected the application of Jones to the investigation of file sharing programs,&#8221; United States v. Brashear, Criminal No. 4:11-CR-0062, 2013 U.S. Dist. LEXIS 163865, 2013 WL 6065326, at *3 (M.D. Pa. Nov. 18, 2013) (citations omitted), and the Court finds the reasoning of these cases persuasive. The government did not use a tracking device, such as at issue in Jones; instead, it merely obtained information publicly available on shared files via a software program that connected with defendant&#8217;s computer on which defendant had installed a file-sharing program.\u201d United States v. Dennis, 2014 U.S. Dist. LEXIS 65694 (N.D. Ga. April 7, 2014).*<\/p>\n<p>There was reasonable suspicion defendant and a suspected prostitute were doing it then there was a furtive movement: \u201c(1) Anderson was in a high crime area where prostitution and other crimes occurred; (2) Anderson had been parked in a lane of travel with a female passenger for no apparent reason; (3) Anderson and his female passenger did not know each other&#8217;s names; (4) Anderson&#8217;s fly was open; and (5) Anderson made a hand move that could have involved trying to hide something in the back seat immediately upon seeing a police vehicle. These factors collectively provided Corporal Porter with at least reasonable suspicion that prostitution may have been occurring. &#8230; While there may have been innocent explanations for all of these factors, this does not negate the existence of reasonable suspicion.\u201d <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/13\/13-30275.0.pdf\">United States v. Anderson<\/a>, 2014 U.S. App. LEXIS 9004 (5th Cir. May 14, 2014).*<\/p>\n<p>Defendant consented to the search after a conversation with the police. United States v. Lee,  2014 U.S. Dist. LEXIS 66261 (E.D. Mo. April 22, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cSeveral courts have rejected the application of Jones to the investigation of file sharing programs,&#8221; United States v. Brashear, Criminal No. 4:11-CR-0062, 2013 U.S. Dist. LEXIS 163865, 2013 WL 6065326, at *3 (M.D. Pa. Nov. 18, 2013) (citations omitted), and &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=11582\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12,18],"tags":[],"class_list":["post-11582","post","type-post","status-publish","format-standard","hentry","category-computer-searches","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11582","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11582"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11582\/revisions"}],"predecessor-version":[{"id":11588,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11582\/revisions\/11588"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11582"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11582"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11582"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}