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Criminal Law

: Fourth Amendment

E.D.Ky.: Seizure of a computer in a CP investigation was justified by exigent circumstances where defendant knew the police were on to him

By John Wesley Hall, Jr.

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A child pornography investigation brought investigators to a fire station after an IP address was traced there. The officer could not open the files after defendant consented to a look at the computer. At that point, seizure of defendant’s computer was justified by exigent circumstances because it was likely defendant would destroy the images before a search warrant could be obtained. United States v. Bradley, 2010 U.S. Dist. LEXIS 59816 (E.D. Ky. June 16, 2010): Although Bradley had consented to the image scan and examination of his LimeWire props, Bradley still could have attempted to destroy evidence once out of the investigators' presence. See United States v. Lamb, No 09-CR-44, 2010 U.S. Dist. LEXIS 19899, at *22 (N.D. W. Va. Jan...continue to full post

Full post as published by Fourth Amendment on June 18, 2010 (boomark / email).

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