United States Fourth Circuit

In a prosecution of defendant for child pornography related crimes, district court's denial of his motion to suppress and its quashing of his subpoena duces tecum are affirmed where: 1) the statutory provision pursuant to which AOL reported defendant's activities did not effectively convert AOL into an agent of the government for Fourth Amendment purposes; 2) district court did not abuse its discretion in granting AOL's motion to quash as his subpoena lacks specificity; and 3) the totality of the evidence provided the issuing magistrate with a substantial basis for concluding that there was a fair probability that the computer defendant used to engage in unlawful activities was kept in his current residence.

Appellate Information

• Decided 06/11/2010
• Published 06/11/2010

Judges

Court

• United States Fourth Circuit

Counsel