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The Cell Phone, the Sent Text Messages and the 4th Amendment
A recent opinion from the Wisconsin Court of Appeals whether people retain a 4th Amendment expectation of privacy in their emails after they are sent. State v. Tentoni, 2015 WL 5286103 (2015). After...
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LendingTree, Unauthorized Access and the Computer Fraud and Abuse Act
After Brian Matthew Rich “entered into a conditional plea agreement” with the U.S. Department of Justice, he appealed. Brief of Appellant, United States v. Rich, 2015 WL 860788 (U.S. Court of Appeals...
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Craigslist, Age-Regression and Entrapment
After a jury found Jacob Mendoza “guilty of one count of child solicitation by electronic device contrary to [New Mexico Statutes] § 30–37–3.2”, he appealed, arguing, in part that “he was entrapped”....
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The SEC, Company Smartphones and the Employee Passcodes
This post examines an opinion from a U.S. District Court Judge who sits in the U.S. District Court for the Eastern District of Pennsylvania: Securities and Exchange Commission v. Bonan Huang, et al.,...
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The Boyfriend, the Altered Password and the Computer Fraud and Abuse Act
This post examines an opinion from the U.S. Court of Appeals for the 2d Circuit: Sewell v. Bernardin, 795 F.3d 337 (2015). The court begins by explaining that[i]n order to resolve this appeal, we...
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Rape, Juror Misconduct and Facebook Friends
This post examines a recent opinion from the Indiana Court of Appeals: Slaybaugh v. State, 2015 WL 5612205 (2015). The court begins by explaining that it was to review a novel issue in Indiana --...
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The Sealed Search Warrant, “Particularity” and a Search Protocol
This post examines an opinion recently issued by a U.S. District Court Judge who sits in the District Court for the District Court of Utah: U.S. v. Vafeades, 2015 WL 5675279 (2015). According to the...
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Robberies, Probation and Passwords
On September 21, 2014, despite the fact he was on probation, seventeen-year-old Malik J. collaborated with “one or two companions” to assault and rob “three different women near the MacArthur Street...
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Child Pornography, "Torrential Downpour" and the Fourth Amendment
This post examines an opinion recently issued by a judge in the U.S. District Court for the Western District of Oklahoma: U.S. v. Maurek, 2015 WL 5472504 (20150. The Judge begins by explaining...
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The Loaded Firearm, the Call Log and the Fourth Amendment
After the Superior Court Department, Suffolk County Massachusetts convicted Darren Dyette of “possession of a firearm and carrying a loaded firearm” in violation of Massachusetts General Laws 269 § 10,...
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Wire Fraud, Money Laundering and the Inadvertently Disclosed Email
This post examines an opinion from the U.S. Court of Appeals for the 6th Circuit: U.S. v. Dobson, 2015 WL 5449905 (2015). The opinion begins by explaining the judgment from which the defendants were...
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Rape of a Child, Skype and the Deported Witness
After Arturo Cayetano–Jaimes was convicted of rape of a child in the first degree, he appealed. State v. Cayetano–Jaimes, 2015 WL 5547450 (Court of Appeals of Washington2015). The Court of Appeals...
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Craigslist, Scraping and the Hacker
This post examines an opinion recently issued by a U.S. District Court Judge who sits in the U.S. District Court for the Northern District of California: Craigslist, Inc. v. 3taps, Inc., et al., 2015...
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The Verizon Employees, the New Phone and the Nude Photographs
This post examines an opinion recently issued by a U.S. District Court Judge who sits in the U.S. District Court for the Middle District of Florida: Zabic v. Cellco Partnership, 2015 WL 5921851...
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The State Senator, the Email and Blackmail
After a jury convicted Albert Gustava Gerhart of blackmailin violation of 21 Oklahoma Statutes § 1488 and of computer crimes in violation of 21 Oklahoma Statutes § 1958 in the District Court of...
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The Juvenile, Ecstasy and the Surrender of Passwords
This post examines an opinion from the California Court ofAppeals – First District: In re Erica R., 240 Cal.App.4th 907 (2015). As usual, the court begins by explaining how, and why, the case...
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Burglary, Instagram and Search Protocols
This post examines an opinion a U.S. District Court Judgewho sits in the U.S. District Court for the District of New Jersey recently issued in a criminal case: U.S. v. Gatson, 2015 WL 5920931 (2014)....
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The Fourth Amendment, the Child Protection System and the Home Computer
This post examines an issue that arose in the prosecution of Dr. Bret Dunning, of Dana, Kentucky. As this news story explains, in July of 2013 Dunning wasarraigned in Floyd County Circuit Court on six...
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The Police Department, the Blog and Defamation
This post examines an opinion the Supreme Court of New Hampshire recently issued in a civil case: McCarthy v. Manchester Police Department, 2015 WL 5559880 (2015). As usual, the court begins the...
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The 14-year-old Girl, the Pedophile and Facebook
This post examines the Sentencing Memorandum a U.S. District Court Judge who sits in the U.S. District Court for the Northern District of Ohio issued in a particularly disturbing child pornography...
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