In the fifth Tor \u201cDark Net\u201d case involving the child pornography \u201cPlaypen\u201d website where the government took over the website and moved it to Virginia, this court, applying Tenth Circuit precedent, finds the USMJ lacked jurisdiction to issue a search warrant outside the jurisdiction and this failure was fundamental and the good faith exception could not apply. The government\u2019s claim of exigency fails because it was running the website, and that \u201cexigency\u201d it created. United States v. Arterbury, 2016 U.S. Dist. LEXIS 67091 (N.D.Okla. April 25, 2016). <\/p>\n
The decisions now conflict based on the circuit. Contra is United States v. Werdene, 2016 U.S. Dist. LEXIS 66311 (E.D.Pa. May 18, 2016).<\/p>\n","protected":false},"excerpt":{"rendered":"
In the fifth Tor \u201cDark Net\u201d case involving the child pornography \u201cPlaypen\u201d website where the government took over the website and moved it to Virginia, this court, applying Tenth Circuit precedent, finds the USMJ lacked jurisdiction to issue a search … Continue reading