{"id":22187,"date":"2016-05-17T00:05:54","date_gmt":"2016-05-17T05:05:54","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22187"},"modified":"2016-05-17T08:22:40","modified_gmt":"2016-05-17T13:22:40","slug":"d-mont-def-had-no-standing-in-a-search-of-a-uk-cp-bulletin-board-service-that-revealed-his-info","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22187","title":{"rendered":"D.Mont.: Def had no standing in a search of a UK CP bulletin board service that revealed his info"},"content":{"rendered":"<p>Defendant had no standing in a U.K. bulletin board where he was alleged to have obtained child pornography. U.S. officers got into the system and obtained defendant\u2019s information. Even the fact it was password protected adds nothing to the standing inquiry. United States v. Merchberger, 2015 U.S. Dist. LEXIS 177888 (D.Mont. Jan. 8, 2015).<\/p>\n<p>\u201cIn sum: the Court finds that Kirkley&#8217;s warrantless search of the defendant&#8217;s residence was not an extension of the initial emergency search, and that it was unlawful. The Court cannot, however, rule on the defendant&#8217;s motion to suppress without conducting an additional hearing to afford both parties an opportunity to adduce evidence relevant to the independent source doctrine, as explained above.\u201d United States v. Kreifels, 2016 U.S. Dist. LEXIS 57273 (D.Neb. April 29, 2016).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had no standing in a U.K. bulletin board where he was alleged to have obtained child pornography. U.S. officers got into the system and obtained defendant\u2019s information. Even the fact it was password protected adds nothing to the standing &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22187\">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":[60,34],"tags":[],"class_list":["post-22187","post","type-post","status-publish","format-standard","hentry","category-independent-source","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22187","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=22187"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22187\/revisions"}],"predecessor-version":[{"id":22193,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22187\/revisions\/22193"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22187"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22187"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22187"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}