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IN: IP address in subscriber information shows nexus to house

By John Wesley Hall, Jr.

The IP address associated with a house and a subscriber is nexus for a search warrant for the house when child pornography is associated with the IP address. Also, there is no reasonable expectation of privacy in subscriber information under the Indiana Constitution, which has already been decided against him there. Rader v. State, 2010 Ind. App. LEXIS 1581 (August 24, 2010): Here, the probable cause affidavit explained that the subpoena return from Yahoo! revealed that the account for "monty20064" was registered in Monty Rader's name, and further listed the IP address used to log in to the account on the dates in question. These assertions are supported by the record. The probable cause affidavit further explained that the subpoena return from the ISP for the relevant IP address indicated that the same IP address that had been used to log in to the monty20064 account was "associated with" the address 829 East Washington Street in Greenfield, which the affidavit further explained was Rader's home address...continue to full post

Full post as published by Fourth Amendment on August 30, 2010 (boomark / email).