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Criminal Law

: Fourth Amendment

CA8: Private search led to search warrant for child pornography

By John Wesley Hall, Jr.

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Defendant’s computer was subjected to a private search, and child porn was delivered to the police, which they used to get a search warrant for the computer. United States v. Muhlenbruch, 2011 U.S. App. LEXIS 3155 (8th Cir. February 17, 2011): ... Klaas then went to the Marshalltown Police Department and reported to Officer Curtis Hansel that Muhlenbruch possessed child pornography on his computer. When Officer Hansel told Klaas that more information was needed before the police could take action, Klaas gave Officer Hansel the CDs containing files from Muhlenbruch's computer. Officer Hansel reviewed the images on the CDs and believed, based on his training and experience, that the images constituted child pornography. Soon after Officer Hansel reviewed the CDs, he began to prepare a search warrant for Muhlenbruch's apartment...continue to full post

Full post as published by Fourth Amendment on February 21, 2011 (boomark / email).

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