{"id":11557,"date":"2014-05-14T08:48:37","date_gmt":"2014-05-14T13:48:37","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11557"},"modified":"2014-05-14T08:48:37","modified_gmt":"2014-05-14T13:48:37","slug":"n-d-ga-the-reality-of-gates-leon-showing-no-pc-is-an-uphill-battle","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=11557","title":{"rendered":"N.D.Ga.: The reality of Gates-Leon: Showing no PC is an uphill battle"},"content":{"rendered":"<p>Recognizing the reality of Gates-Leon: \u201cthe Defendant challenges whether the Magistrate Judge should have issued the warrant at all based on the information presented in the agent&#8217;s affidavit. This argument faces difficult legal standards, which the Defendant cannot meet. His motion should be denied.\u201d Here it was an ongoing sex trafficking operation. United States v. Rojas-Coyotl, 2014 U.S. Dist. LEXIS 65693 (N.D. Ga. February 7, 2014).<\/p>\n<p>Police came with a warrant, but defendant\u2019s grandmother who had equal access later turned over his computer to the police and then it was searched with a warrant. The search was reasonable. <a href=\"http:\/\/pacer.mad.uscourts.gov\/dc\/cgi-bin\/recentops.pl?filename=otoole\/pdf\/us%20v%20keith%20%20suppress%20order.pdf\">United States v. Keith<\/a>, 2014 U.S. Dist. LEXIS 65526 (D. Mass. May 13, 2014).*<\/p>\n<p>Defendant\u2019s computer had P2P software, and the government remotely got into it. The court assumes defendant had a subjective expectation of privacy in his computer because he checked the box to not share files on the software, but he still let people into his computer, and that was a waiver of an expectation of privacy that society is not going to find reasonable. United States v. Dennis, 2014 U.S. Dist. LEXIS 65694 (N.D. Ga. April 7, 2014) <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Recognizing the reality of Gates-Leon: \u201cthe Defendant challenges whether the Magistrate Judge should have issued the warrant at all based on the information presented in the agent&#8217;s affidavit. This argument faces difficult legal standards, which the Defendant cannot meet. His &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=11557\">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":[20,18,37],"tags":[],"class_list":["post-11557","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-expectation-of-privacy","category-warrant-requirement"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11557","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=11557"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11557\/revisions"}],"predecessor-version":[{"id":11558,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11557\/revisions\/11558"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11557"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11557"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11557"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}