{"id":9830,"date":"2013-11-20T13:45:27","date_gmt":"2013-11-20T07:24:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-11-20T07:24:55","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9830","title":{"rendered":"CA9: File names are enough to find PC it&#8217;s CP without seeing the images"},"content":{"rendered":"<p>\u201cFile names and opinions of qualified investigating officers that images downloaded from a suspect&#8217;s computer are \u2018child pornography,\u2019 even without a factual description of the images downloaded, may establish probable cause that child pornography will be found.\u201d \u201cAlso, unsworn statements that are submitted with and that are, as a matter of common sense and realistic construction, considered part of the affidavit of a search warrant application may be considered as support for a magistrate&#8217;s probable cause determination.\u201d <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2013\/11\/19\/12-10623.pdf\">United States v. Bursch<\/a>, 2013 U.S. App. LEXIS 23278 (9th Cir. November 19, 2013).*<\/p>\n<p>The GPS tracking warrant was issued with PC and the good faith exception applied. <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2013\/11\/19\/12-30278.pdf\">United States v. Rios-Lopez<\/a>, 2013 U.S. App. LEXIS 23280 (9th Cir. November 19, 2013).*<\/p>\n<p>A claim that plaintiff\u2019s Fourth Amendment rights were violated by not letting her go to the bathroom after was in jail didn\u2019t lie against the arresting officers. Davenport v. Dovgin, 2013 U.S. App. LEXIS 23111 (7th Cir. November 14, 2013).*<\/p>\n<p>The government had two valid reasons to pull defendant over: that his DL was suspended, and a detailed statement from a probationer that defendant was involved in a crime were both enough to be PC. United States v. Ove, 2013 U.S. Dist. LEXIS 163799 (D. Minn. October 4, 2013),* adopted 2013 U.S. Dist. LEXIS 163452 (D. Minn. November 18, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9830\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-9830","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9830","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9830"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9830\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9830"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9830"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9830"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}