{"id":32423,"date":"2018-03-28T12:08:59","date_gmt":"2018-03-28T17:08:59","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32423"},"modified":"2018-03-28T12:39:33","modified_gmt":"2018-03-28T17:39:33","slug":"af-inevitable-discovery-validated-finding-cp-while-looking-for-text-messages-with-minor","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32423","title":{"rendered":"AF: Inevitable discovery validated finding CP while looking for text messages with minor"},"content":{"rendered":"<p>The search authorization was valid for text messages between defendant and a supposed 14-year-old girl. The AFOSI investigator found child pornography in what was thus found to be plain view. Even if, arguendo, the officer was looking for child pornography, the search wasn\u2019t invalid. \u201cAs to the application of the inevitable discovery exception, the military judge was \u2018satisfied that the Magistrate would have granted the expanded Search Authorization\u2019 based on the image or description provided. Again, we agree.\u201d <a href=\"http:\/\/afcca.law.af.mil\/content\/afcca_opinions\/cp\/maske-39146.u.pdf\">United States v. Maske<\/a>, 2018 CCA LEXIS 144 (A.F. Ct. Crim. App. Mar. 25, 2018).<\/p>\n<p>A janitor working in an office building hid a camera in the women\u2019s bathroom, and actually captured video of many women. The camera was found, it was narrowed to him, and his house was searched and video seized. He bailed out and fled the country. Those who couldn\u2019t prove their images were captured could still maintain an intrusion on seclusion claim, following other states. The tort of intrusion of seclusion derives from the Fourteenth Amendment and common law. <a href=\"https:\/\/www.njcourts.gov\/attorneys\/assets\/opinions\/appellate\/published\/a4896-15.pdf\">Friedman v. Martinez<\/a>, 2018 N.J. Super. LEXIS 49 (Mar. 23, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search authorization was valid for text messages between defendant and a supposed 14-year-old girl. The AFOSI investigator found child pornography in what was thus found to be plain view. Even if, arguendo, the officer was looking for child pornography, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=32423\">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":[68,51,18],"tags":[],"class_list":["post-32423","post","type-post","status-publish","format-standard","hentry","category-inevitable-discovery","category-plain-view","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32423","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=32423"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32423\/revisions"}],"predecessor-version":[{"id":32428,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32423\/revisions\/32428"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32423"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32423"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32423"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}