United States Tenth Circuit

In a prosecution for distribution, receipt and/or possession of child pornography, possession of a firearm by a convicted felon, and criminal forfeiture, denial of defendant's motion to suppress evidence and motion to dismiss are affirmed where: 1) violations of the ECPA do not warrant exclusion of evidence; 2) contrary to defendant's claim, the government did not violate the ECPA or Pennsylvania law with regard to affidavits and applications for court orders requiring Internet Service Providers to reveal information about defendant; 3) defendant had no Fourth Amendment privacy expectation in the subscriber information he gave to ISPs; 4) affidavits in support of the search warrants for defendant's house provided sufficient information for a probable cause finding, and in any case the good faith exception would apply; and 5) the government did not engage in outrageous conduct.

Appellate Information

• Decided 03/11/2008
• Published 03/12/2008

Judges

• ANDERSON, Circuit Judge., Before TACHA, ANDERSON, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Kristen B. Patty, Wichita, Kansas (Philip R. White, Ariagno, Kerns, Mank & White, LLC, Wichita, Kansas, with her on the brief) for Defendant-Appellant., Brent I. Anderson, Assistant United States Attorney, Wichita, Kansas (Eric F. Melgren, United States Attorney, Wichita, Kansas, with him on the brief) for Plaintiff-Appellee.