{"id":61329,"date":"2025-06-24T09:29:02","date_gmt":"2025-06-24T14:29:02","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61329"},"modified":"2025-06-27T07:44:59","modified_gmt":"2025-06-27T12:44:59","slug":"ca11-using-bittorrent-to-enter-defs-computer-peer-to-peer-wasnt-an-unreasonable-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61329","title":{"rendered":"CA11: Using BitTorrent to enter def&#8217;s computer peer-to-peer wasn&#8217;t an unreasonable search"},"content":{"rendered":"\n<p>Using BitTorrent to access defendant\u2019s open child pornography files peer-to-peer on his computer was not a digital trespass and did not violate any reasonable expectation of privacy. <a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/pub\/files\/202411308.pdf\">United States v. Ewing<\/a>, 2025 U.S. App. LEXIS 15437 (11th Cir. June 23, 2025).  (DoJ press release <a href=\"https:\/\/www.justice.gov\/usao-ndfl\/pr\/eleventh-circuit-affirms-conviction-repeat-child-pornography-offender\">here<\/a>)<\/p>\n\n\n\n<p>How defendant\u2019s cell phone records and CSLI were obtained in 2012 complied with the law at the time, so the good faith exception applies. Wilson v. State, 2025 Ga. LEXIS 144 (June 24, 2025).*<\/p>\n\n\n\n<p>While investigating the traffic stop the officer called for backup with a drug dog. The stop was not unreasonably extended to perform the dog sniff, and there was [barely] reasonable suspicion that some crime was going to occur. McGhee v. State, 2025 Tex. App. LEXIS 4331 (Tex. App. \u2013 Dallas June 23, 2025).*<\/p>\n\n\n\n<p>The inventory of defendant\u2019s car was reasonable because he was a drunk driver and the car had to be towed, not just because he was on a gang watch list. United States v. Jim, 2025 U.S. Dist. LEXIS 118818 (E.D. Cal. June 22, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Using BitTorrent to access defendant\u2019s open child pornography files peer-to-peer on his computer was not a digital trespass and did not violate any reasonable expectation of privacy. United States v. Ewing, 2025 U.S. App. LEXIS 15437 (11th Cir. June 23, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61329\">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":[84,125,27,11,39,18,35,70],"tags":[],"class_list":["post-61329","post","type-post","status-publish","format-standard","hentry","category-cell-site-location-information","category-digital-privacy","category-dog-sniff","category-good-faith-exception","category-inventory","category-reasonable-expectation-of-privacy","category-reasonable-suspicion","category-trespass"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61329","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=61329"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61329\/revisions"}],"predecessor-version":[{"id":61357,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61329\/revisions\/61357"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61329"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61329"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61329"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}