Wiretapping, Hotmail and Impersonation
This post examines an opinion recently issued by a U.S. District Court Judge who sits in the U.S. District Court for the Western District of Washington. Chavan v. Cohen, 2015 WL 4077323 (2015). He...
View ArticleThe "Pocket Dial," Wiretapping and a Reasonable Expectation of Privacy
The U.S. Court of Appeals for the 6th Circuit recently issued an interesting opinion in a civil suit: Huff v. Spaw, 2015 WL 4430466 (2015). The court began its opinion by explaining that “[t]his case...
View ArticleThe (Only?) Butt Dial Case
After I found the pocket dial case, I did a search in Westlaw for "butt dial" cases . . . and found one, which was decided a few weeks ago: Dietenberger v. Marcott, 2015 WL 3623647 (Court of Appeals...
View ArticleStalking, the "Work Email Address" and "Place of Employment"
This post examines an opinion the Criminal Court – City of New York issued on July 14, 2015: People v. Marian, 2015 WL 4231664. The opinion begins by noting that[t]his Court occasionally is presented...
View ArticleConsent, the External Hard Drive and the 4th Amendment
Paul Beckmannpled guilty to one count of possession of child pornography after having been previously convicted and sentenced for possession of child pornography in 2001. See 18 U.S. Code...
View ArticleThe Laptop, Slack Space and Child Pornography
After James Paul Lowe was convicted in the U.S. District Court for the Eastern District of Tennessee of “knowingly receiving, distributing, and possessing child pornography in violation of 18 U.S. Code...
View ArticleThe Computer Search, the "Outstanding Warrant" and the 4th Amendment
This post deals with an opinion recently issued by the Court of Appeals of North Carolina: State v. Leak, 773 S.E.2d 340 (2015). The court begins its opinion by explaining how the case arose:At 11:30...
View ArticleThe Podiatrist, the Computer and the Child Pornography
Pete G. Thomas, “a podiatrist,” was convicted of possessing child pornography after the police found numerous images of naked young girls on his computer. He contends reversal is required because the...
View ArticleThe Lawyer, Avvo and the Anonymous Review
As the title indicates, this post is about Deborah Thomson, “a Florida attorney” who “brought a defamation suit against Doe, an anonymous poster who wrote a negative review of Thomson on Avvo.com.”...
View ArticleThe Coach, the Locker Room Speeches and Wiretapping
This post examines a recent opinion from the Court of Appeals of Texas – El Paso: Long v. State, 2015 WL 3984950 (2015). The court begins its opinion by explaining that the issue in this case of first...
View ArticleThe Gentlemen's Club, the Telephone Consumer Protection Act and Summary Judgment
This post examines an opinion from a U.S. Magistrate Judgewho sits in the U.S. District Court for the Northern District of California: Luna v. Shac, LLC, 2015 WL 4941781 (2015). He begins by...
View ArticleThe Passwords, the Computer Fraud and Abuse Act and the Statute of Limitations
This post examines an opinion issued in a case in which a woman – Chantay Sewell -- sued “her former boyfriend, . . . Phil Bernardin,” alleging that he “had gained access to her e-mail and Facebook...
View ArticleSexual Assault, the Guilty Plea and the Surveillance Video
Joseph Stevenson wascharged with numerous offenses relating to his sexual attacks of three women between 2007 and 2009. The evidence against him appeared to be strong, consisting of identifications by...
View ArticleThe Laptop, the Private Search and the 4th Amendment
After Aron Lichtenberger was charged with possessing, receiving and distributing child pornography, he filed a motion to suppressevidence. U.S. v. Lichtenberger, 786 F.3d 478 (U.S. Court of Appeals...
View ArticleThe Professors, the Blog and the Cyberbullying Policy
This post examines an opinion a U.S. District Court Judgewho sits in the U.S. District Court for the Northern of Illinois recently issued in Beverly v. Watson, 78 F.Supp.3d 717 (2015). She begins her...
View ArticleEquifax, Filing a False Police Report and the Email
After Vincent John Zahorik was convicted of “making a false report to a police officer or law enforcement agency,” he appealed. Zahorik v State, 2015 WL 5042105 (Fourteenth Court of Appeals of Texas...
View ArticleBid-Rigging, Obstruction of Justice and Drive-Scrubber
This post is a follow-up to a post I did last year: Obstruction of Justice, DriveScrubber and Emails. You can read more about the case in the story you can find here. After Andrew Katakis was tried...
View ArticleThe Suspect’s Wife and Her Authority to Consent a Laptop Search
After being convicted of bank fraud, conspiracy to commit bank fraud and aggravated identity theft, Jeffrey Groover appealed. U.S. v. Groover, 2015 WL 5011658 (U.S. Court of Appeals for the 11th...
View ArticleThe Cell Phone, Search Incident to Arrest and the 4th Amendment
After a jury convicted Feliciano Ontiveros–Loya of “possession of a deadly weapon by a prohibited possessor” in violation of Arizona Statutes § 13-3102(A)(5), the trial judge sentenced him to “an...
View ArticleShareaza, Child Pornography and Reasonable Doubt
After James Paul Lowe was convicted, in a U.S. District Court in Tennessee, of “knowingly receiving, distributing and possessing child pornography in violation of 18 U.S. Code § 2252(a)”, he appealed....
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