{"id":21199,"date":"2016-03-10T02:27:29","date_gmt":"2016-03-10T07:27:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21199"},"modified":"2016-03-10T02:27:29","modified_gmt":"2016-03-10T07:27:29","slug":"w-d-mo-despite-govt-instigated-private-seizure-of-phone-emails-admissible-because-the-govt-already-had-them","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=21199","title":{"rendered":"W.D.Mo.: Despite govt instigated private seizure of phone, emails admissible because the govt already had them"},"content":{"rendered":"

Defendant\u2019s wife seized his cell phone and turned it over to the police at their suggestion, but only because he was communicating with what he believed were underage girls for purposes of sex. The police already had all the emails as they occurred, so the inevitable discovery rule applies and no suppression. United States v. Talbott, 2015 U.S. Dist. LEXIS 176713 (W.D.Mo. Dec. 29, 2015), adopted 2016 U.S. Dist. LEXIS 27711 (W.D.Mo. Mar. 4, 2016).<\/p>\n

Defendant had no reasonable expectation of privacy in the child pornography files on his computer he gave a password to an undercover officer to enter his computer via the internet. United States v. Giboney, 2016 U.S. Dist. LEXIS 28766 (E.D.Mo. Feb. 18, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant\u2019s wife seized his cell phone and turned it over to the police at their suggestion, but only because he was communicating with what he believed were underage girls for purposes of sex. The police already had all the emails … Continue reading →<\/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":[60,43],"tags":[],"class_list":["post-21199","post","type-post","status-publish","format-standard","hentry","category-independent-source","category-private-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21199","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=21199"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21199\/revisions"}],"predecessor-version":[{"id":21200,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21199\/revisions\/21200"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21199"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21199"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21199"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}