United States Fourth Circuit

The Fourth Amendment suppression of child pornography evidence obtained for the government by an anonymous hacker is reversed, where the hacker did not act as a government agent because the government did not know of, or in any way participate in, the hacker's search of defendant's computer.

Appellate Information

• Decided 07/29/2003
• Published 07/29/2003

Judges

• Before WILKINSON and MOTZ, Circuit Judges, and BEEZER, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Michael James Elston, Assistant United States Attorney, Alexandria, Virginia, for Appellant.  Jeffrey Lee Everhart, Rice, Everhart & Baber, Richmond, Virginia, for Appellee.   ON BRIEF:  Paul J. McNulty, United States Attorney, Brian R. Hood, Assistant United States Attorney, Alexandria, Virginia, for Appellant.