{"id":55660,"date":"2023-08-24T07:06:43","date_gmt":"2023-08-24T12:06:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55660"},"modified":"2023-08-27T09:42:35","modified_gmt":"2023-08-27T14:42:35","slug":"d-ariz-no-rep-in-shared-folder-on-computer-open-on-emule-program","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55660","title":{"rendered":"D.Ariz.: No REP in shared folder on computer open on eMule program"},"content":{"rendered":"\n<p>The government\u2019s \u201cpre-search\u201d of a shared folder on defendant\u2019s computer available through eMule was not subject to a reasonable expectation of privacy and was reasonable. United States v. Johnson, 2023 U.S. Dist. LEXIS 146664 (D. Ariz. Aug. 21, 2023), adopting 2023 U.S. Dist. LEXIS 149256 (D. Ariz. July 11, 2023).<\/p>\n\n\n\n<p>Officers questioning plaintiff on his front porch violated well-established law on curtilage, so there is no qualified immunity. Brizuela v. City of Sparks, 2023 U.S. App. LEXIS 21893 (9th Cir. Aug. 21, 2023).*<\/p>\n\n\n\n<p>\u201cMascorro does not specifically identify evidence that was used in violation of his Fourth Amendment protections.\u201d Therefore, his ineffective assistance of counsel claim fails. Mascorro v. United States, 2023 U.S. Dist. LEXIS 146005 (W.D. Tex. Aug. 21, 2023).*<\/p>\n\n\n\n<p>\u201cVailes&#8217;s argument that the warrant fails for lack of probable cause that he was engaged in the separate crime of sex trafficking is supported by only a hypertechnical read of the search warrant that is not justified here.\u201d United States v. Vailes, 2023 U.S. Dist. LEXIS 146091 (D. Nev. Aug. 21, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The government\u2019s \u201cpre-search\u201d of a shared folder on defendant\u2019s computer available through eMule was not subject to a reasonable expectation of privacy and was reasonable. United States v. Johnson, 2023 U.S. Dist. LEXIS 146664 (D. Ariz. Aug. 21, 2023), adopting &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55660\">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":[104,66,12,19,23],"tags":[],"class_list":["post-55660","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-burden-of-proof","category-computer-searches","category-curtilage","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55660","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=55660"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55660\/revisions"}],"predecessor-version":[{"id":55693,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55660\/revisions\/55693"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55660"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55660"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55660"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}