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Criminal Law

: Fourth Amendment

D.P.R.: SW for seizure of digital media in child porn case was constitutionally particular

By John Wesley Hall, Jr.

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The search warrant in this child porn case was constitutionally particular when it sought seizure of defendant's electronic media for child porn. United States v. Crespo-Rios, 2009 U.S. Dist. LEXIS 49819 (D. P.R. June 5, 2009): The warrant to search Defendant's home listed numerous items to be seized related to the seduction of children. Because the suspected commission of this crime involved the use of the Internet, the warrant also included computer equipment, digital, and magnetic storage devices, and other digital media. The preface of the search warrant limited the seizure to only evidence of criminality. Specifically, the seizure was limited to evidence of transfer of obscene material to minors and of coercion of a minor to engage in sexual activity...continue to full post

Full post as published by Fourth Amendment on June 17, 2009 (boomark / email).

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