Monday, September 16, 2019

"woe until all users of the Internet" CP search warrant affirmed


USv. Bosyk:  In this appeal, the Fourth Circuit considered whether probable cause to support a search warrant for a residence existed, after an IP address, associated with the defendant’s home, accessed a link on a dark web forum that contained child pornography.  That “single click” was enough, according to the majority, to search the defendant’s home.  The dissent here stated the holding, “diminishes the constitutional rights of those who use the internet.”

The Fourth Circuit upheld the lower court’s decision here to deny Bosyk’s motion to suppress, affirming his five-year prison sentence.  Investigators executed the search warrant here four days after the “single click” and recovered devices containing thousands of images of child pornography, including the linked video described in the search warrant. 

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