{"id":40609,"date":"2019-11-11T09:46:40","date_gmt":"2019-11-11T14:46:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40609"},"modified":"2019-11-11T12:15:50","modified_gmt":"2019-11-11T17:15:50","slug":"or-ten-year-old-information-in-a-sw-for-evidence-of-child-sexual-abuse-wasnt-stale","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=40609","title":{"rendered":"OR: Ten-year-old information in a SW for evidence of child sexual abuse wasn&#8217;t stale"},"content":{"rendered":"<p>Defendant was convicted of 11 counts of child sexual abuse from acts that occurred at a gymnastic business that had sleepovers of young female gymnasts. In making its case, the state used ten-year-old information in a search warrant application for defendant\u2019s computer for digital pictures he had from back then that showed his sexual attraction to young female gymnasts (not alleging it was child porn). The information wasn\u2019t stale because of the propensity to keep such pictures, and the search warrant for other computers recognizes the fact that images are transportable from one to another. The motion to suppress was properly denied. <a href=\"https:\/\/cdm17027.contentdm.oclc.org\/digital\/pdf.js\/web\/viewer.html?file=\/digital\/api\/collection\/p17027coll5\/id\/25120\/download#page=1&#038;zoom=auto\">State v. Gustafson<\/a>, 300 Ore. App. 438 (Nov. 6, 2019).*<\/p>\n<p>Defendant\u2019s CSLI issue was repeatedly litigated in the Eleventh Circuit, so it is procedurally barred in a 2255. Davis v. United States, 2019 U.S. Dist. LEXIS 194815 (S.D. Fla. Nov.7, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was convicted of 11 counts of child sexual abuse from acts that occurred at a gymnastic business that had sleepovers of young female gymnasts. In making its case, the state used ten-year-old information in a search warrant application for &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=40609\">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":[8],"tags":[],"class_list":["post-40609","post","type-post","status-publish","format-standard","hentry","category-staleness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40609","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=40609"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40609\/revisions"}],"predecessor-version":[{"id":40615,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40609\/revisions\/40615"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40609"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40609"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40609"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}