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One of the Pennsylvania law enforcement authorities interviewed Vanlandingham and viewed the saved chat room conversation. were associated with an account belonging to Steve Perrine, 11944 Rolling Hills Court, Wichita, Kansas. James Vanlandingham immediately reported the incident to law enforcement. The affidavit attached to the December 8, 2005, application for a disclosure order for Cox recited the same information as above, and added at the bottom: On 11/22/05 I received a response from Yahoo! which provided the IP login address of 184.108.40.206 for the screenname “stevedragonslayer” on 10/09/05, 10/22/05, 10/29/05, 10/30/05, 11/01/05, and 11/06/05. In sum, we conclude that the affidavits submitted in the application for an order under the ECPA and the Pennsylvania statute contained “specific and articulable facts showing that there are reasonable grounds to believe that the ․ information sought[ ][ ][is] relevant and material to an ongoing criminal investigation.” 18 U.
Based upon Vanlandingham's account of these events, Pennsylvania law enforcement personnel obtained a disclosure order dated October 14, 2005, pursuant to 18 U. Pennsylvania authorities then contacted Kansas authorities, who discovered that Steve Perrine had a prior state conviction for sexual exploitation of a child, for which he was still on probation. Thus, violations of the ECPA do not warrant exclusion of evidence. Steiger, 318 F.3d 1039, 1049 (11th Cir.2003); United States v. I did view that chat log of this session between James Vanlandingham and “stevedragonslayer.”Appellant's App.
Before TACHA, ANDERSON, and GORSUCH, Circuit Judges. Melgren, United States Attorney, Wichita, Kansas, with him on the brief) for Plaintiff-Appellee. Perrine appeals the denial of his motion to suppress evidence following his conviction by a jury on three counts relating to the distribution, receipt and/or possession of child pornography, one count of possession of a firearm by a convicted felon, and two counts of criminal forfeiture. to provide the subscriber information for the screen name “stevedragonslayer.” Yahoo! on the date of the crime, September 2, 2005, at 2 p.m. There is no reason to doubt Vanlandingham's account of what happened; indeed, he immediately contacted the police, which suggests he was simply a concerned citizen. Under such a scenario, a defendant holds no reasonable expectation of privacy that the Fourth Amendment will protect. Because of their illegality and the imprimatur of severe social stigma such images carry, collectors will want to secret them in secure places, like a private residence. The affidavits gave the issuing judge a “substantial basis for ․ conclud[ing] that a search would uncover evidence of wrongdoing.” Illinois v.
White, Ariagno, Kerns, Mank & White, LLC, Wichita, Kansas, with her on the brief) for Defendant-Appellant. Anderson, Assistant United States Attorney, Wichita, Kansas (Eric F. and Cox to reveal Perrine's IP address and name, and that the government therefore used illegally obtained information in support of its search warrants. As Perrine notes, the “specific and articulable facts” standard derives from the Supreme Court's decision in Terry. Perrine argues the government's affidavit in support of its application for an order failed to provide specific and articulable facts because it did not attach a copy of the “chat” between “stevedragonslayer” and Vanlandingham; it did not contain anything specifically indicating that Vanlandingham was a truthful and reliable person; and it failed to show that “stevedragonslayer” was logged on to Yahoo! Perrine also appears to make a broader Fourth Amendment challenge to the government's acquisition of his subscriber information from Yahoo! The district court held:the identifying information at issue here-defendant's name, address, etc.-was information that he voluntarily transmitted to the third-party internet providers, Cox and Yahoo! Indeed, defendant also admitted at the hearing that he had enabled peer-to-peer file sharing on his computer, thereby giving anyone with internet access the ability to gain entrance to his computer. Having succeeded in obtaining images, collectors are unlikely to destroy them. For the reasons already stated, we reject this argument.
While waiting for the police to arrive, Vanlandingham stayed on the line with “stevedragonslayer” and continued to chat. Further investigation revealed that this IP address was maintained by Cox Communications, Inc. He received a message from an individual logged in Yahoo Messaging Chat as “stevedragonslayer.” This individual invited James Vanlandingham to view his web cam. The statutory standard requires that “the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the ․ records or other information sought, are relevant and material to an ongoing criminal investigation.” 18 U. The district court dismissed this as “of no moment” because Yahoo! Both Cheung's testimony and the actual document turned over by Yahoo! Perrine admitted he was “stevedragonslayer” and gives no explanation for who else could have been logged on to Yahoo!