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Criminal Law

: Fourth Amendment

S.D.Ga.: Knights probation search rule applies to misdemeanor probation

By John Wesley Hall, Jr.

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Defendant on misdemeanor probation is subject to a probation search just as a felony probationer. “The [Knights] Court made no distinction between a felony and misdemeanor probationer.” United States v. Izatt, 2010 U.S. Dist. LEXIS 73028 (D. Idaho July 20, 2010). Use of a Customs summons to get Internet subscriber information in a child pornography case violated no privacy interest. United States v. Cray, 2010 U.S. Dist. LEXIS 73351 (S.D. Ga. May 25, 2010)*: "Every federal court to address [whether identifying information such as the defendant's name, address, etc., is protected by the Fourth Amendment] has held that subscriber information provided to an internet provider is not protected by the Fourth Amendment's privacy expectation...continue to full post

Full post as published by Fourth Amendment on July 23, 2010 (boomark / email).

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