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We first consider Perrine's argument that evidence was seized in violation of the ECPA and its state law equivalent, as well as the Fourth Amendment. ECPA/State Law and Fourth Amendment Perrine argues that compliance with 18 U.
Perrine next argues that, in any event, the government violated the ECPA and the Pennsylvania law by failing to present “specific and articulable” facts in support of its applications for court orders requiring Yahoo! Hambrick, 225 F.3d 656 (4th Cir.2000) (unpublished), affirming United States v. Since the materials are illegal to distribute and possess, initial collection is difficult. Essentially, he reiterates the argument that the affidavits did not state that none of the log ons by the IP address connected to “stevedragonslayer” occurred on September 2, nor did they attach the Yahoo! He argues that the judge, had he known those facts, would not have found probable cause.
He also appeals the denial of his motion to dismiss the case against him, on the ground that governmental authorities engaged in outrageous conduct. BACKGROUNDOn September 2, 2005, James Vanlandingham reported to local police that, while in a Yahoo! 's records indicated that “stevedragonslayer” logged on to the Yahoo! The affidavit attached to the October 14, 2005, application for a disclosure order for Yahoo! Further, the officer stated that he had personally read the chat log between Vanlandingham and “stevedragonslayer.” The details provided are specific and certainly would lead to a reasonable suspicion that “stevedragonslayer” was involved in child pornography. tracks dates, times, and IP addresses for login attempts on a Yahoo! This proposition is not novel in either state or federal court: pedophiles, preferential child molesters, and child pornography collectors maintain their materials for significant periods of time.
Another court has recently described Kazaa as follows: Kazaa is a computer program that connects a computer to other computers on which the Kazaa program is also running. Mass.2007) (“The Smith line of cases has led federal courts to uniformly conclude that internet users have no reasonable expectation of privacy in their subscriber information, the length of their stored files, and other noncontent data to which service providers must have access.”); Freedman v. Tisdale, 248 F.3d 964, 970 (10th Cir.2001) (quoting Illinois v. Whether information is stale depends on “the nature of the criminal activity, the length of the activity, and the nature of the property to be seized.” United States v. Harvey, 2 F.3d 1318, 1322-23 (3d Cir.1993); United States v. Thus, if the issuing judge was misled by an affidavit containing false information or information that the affiant would have known was false but for his “reckless disregard of the truth,” the evidence should be suppressed. Conn.2005) (“In the cases in which the issue has been considered, courts have universally found that, for purposes of the Fourth Amendment, a subscriber does not maintain a reasonable expectation of privacy with respect to his subscriber information.”); United States v. On review, our task is to “ensur[e] ‘that the magistrate had a substantial basis for concluding probable cause existed.’ ” United States v. Perrine asserts that 111 days had passed between the chat between “stevedragonslayer” and Vanlandingham and the submission of the affidavits. Hay, 231 F.3d 630, 636 (9th Cir.2000); United States v. In any of those situations, the good-faith exception to the exclusionary rule does not apply. 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 220.127.116.11 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.