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Monthly Archive: March 2011

March 31, 2011

Ninth Circuit: Deleted Computer File Not Enough For Child Porn Conviction

In the recently decided case, U.S. v. Flyer, No. 08-10580 (2-8-11), the Ninth Circuit Court of Appeals determined that deletion of an image alone is insufficient evidence to support a conviction for knowing possession of child pornography on or about a certain date under US federal law. In an undercover operation, the FBI had downloaded various files containing child porn through a file-sharing program, which were traced back to the defendant’s IP address. A search of the defendant’s residence produced a computer, on which...

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Posted in: Child Pornography

March 28, 2011

Third Circuit Upholds Warrant in Child Pornography Case

The Third Circuit Court of Appeals recently found that a search warrant in a child pornography case was sufficient, even if not based on a detailed description of the computer hard drive being searched. In US v. Miknevich, 2011 US App. LEXIS 3824 (3d Cir. March 1, 2011), the Court considered whether the affidavit providing the basis for a search warrant in a child pornography case need to include copies of the items being searched for or a detailed description of these items. Defendant Stephen Miknevich was charged with...

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Posted by Marc Neff | Permalink | Email This Post

Posted in: Child Pornography