There is no reasonable expectation of privacy in child pornography uploaded to Facebook Messenger. Even treating it as email (Warshak), the email provider can turn child pornography over to law enforcement when it is transmitted. Then a further search warrant would be required. United States v. Bebris, 2020 U.S. Dist. LEXIS 39837 (E.D. Wis. Mar. 9, 2020).<\/p>\n\n\n\n
Two officers\u2019 different testimony about the basis for the stop doesn\u2019t mean that the district court\u2019s credibility findings won\u2019t be followed on appeal. The district court credited the testimony of one over the other, and there\u2019s no justification for finding that erroneous. United States v. Salazar<\/a>, 2020 U.S. App. LEXIS 7096 (6th Cir. Mar. 6, 2020).* The trial court\u2019s conclusion that the trooper lacked reasonable suspicion to believe that defendant\u2019s car contained drugs or that the driver and defendant were engaged in drug-related activity was supported by the evidence as was its finding that the driver\u2019s and defendant\u2019s “body language” and “inconsistent statements” did not rise to the standard of a reasonable suspicion. Thus, the detention for the drug dog was unreasonable. State v. Lawler<\/a>, 2020-Ohio-849, 2020 Ohio App. LEXIS 776 (3d Dist. Mar. 9, 2020).* There is no reasonable expectation of privacy in child pornography uploaded to Facebook Messenger. Even treating it as email (Warshak), the email provider can turn child pornography over to law enforcement when it is transmitted. Then a further search warrant … Continue reading
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