{"id":34072,"date":"2018-07-31T06:30:58","date_gmt":"2018-07-31T11:30:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34072"},"modified":"2018-07-31T06:31:53","modified_gmt":"2018-07-31T11:31:53","slug":"d-n-m-gfe-applies-to-ca10s-ackerman-that-ncmec-is-not-a-private-searcher","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=34072","title":{"rendered":"D.N.M.: GFE applies to CA10&#8217;s <em>Ackerman<\/em> that NCMEC is not a private searcher"},"content":{"rendered":"<p>In United States v. Ackerman, 831 F.3d 1292 (10th Cir. 2016), the Tenth Circuit held that NCMEC was not a mere private actor when it opened emails. Defendant\u2019s search was 2012, and the court applies the good faith exception. At the time, the officers were reasonable in believing NCMEC conducted a private search, and they did not exceed it. United States v. Tolbert, 2018 U.S. Dist. LEXIS 125944 (D. N.M. July 27, 2018).<\/p>\n<p>Defendant tried to do a Fourth Amendment IAC claim within his appeal which is generally denied for lack of a record. A part of a claim or two has some factual basis, it\u2019s decided against him, and this is res judicata for post conviction. The main complaint: defense counsel was ineffective for not giving defendant a copy of the search warrant papers so he could see for himself [which isn\u2019t much of a claim]. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/8\/2018\/2018-Ohio-2932.pdf\">State v. Nicholson<\/a>, 2018-Ohio-2932, 2018 Ohio App. LEXIS 3176 (8th Dist. July 26, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In United States v. Ackerman, 831 F.3d 1292 (10th Cir. 2016), the Tenth Circuit held that NCMEC was not a mere private actor when it opened emails. Defendant\u2019s search was 2012, and the court applies the good faith exception. At &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=34072\">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":[11,23],"tags":[],"class_list":["post-34072","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34072","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=34072"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34072\/revisions"}],"predecessor-version":[{"id":34074,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34072\/revisions\/34074"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34072"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34072"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34072"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}