2- Massachusetts, provides free downloads of the Tor program on its website. Fenner, United States District Judge for the Western District of Missouri, sitting by designation. The Tor Project, a not-for-profit research organization in 1 The Honorable Gary A. Background The Onion Router (“Tor”) network exists to provide anonymity to Internet users by masking user data, hiding information by funneling it through a series of interconnected computers. The government appeals pursuant to 18 U.S.C. In a combined order, the district court granted suppression. Both men moved to suppress evidence obtained through a warrant authorizing a search of their respective computers through the use of a Network Investigative Technique (NIT). Steven Horton and Beau Croghan were indicted separately for accessing child pornography in violation of 18 U.S.C. Beau Brandon Croghan lllllllllllllllllllll Defendant - Appellee - Electronic Frontier Foundation lllllllllllllllllllllAmicus on Behalf of Appellee(s) _ Appeals from United States District Court for the Southern District of Iowa - Council Bluffs _ Submitted: ApFiled: J_ Before SMITH, Chief Judge, SHEPHERD, Circuit Judge, and FENNER, District Judge.1 _ SMITH, Chief Judge. 16-3982 _ United States of America lllllllllllllllllllll Plaintiff - Appellant v.
Steven Shane Horton lllllllllllllllllllll Defendant - Appellee -Electronic Frontier Foundation lllllllllllllllllllllAmicus on Behalf of Appellee(s) _ No. 16-3976 _ United States of America lllllllllllllllllllll Plaintiff - Appellant v. United States Court of Appeals For the Eighth Circuit _ No. Judge Fenner, concurring in part and dissenting in part. Rule 41 suggested by the government, including the tracking-device exception in Rule 41(b)(4), apply here while the warrant was void ab initio, the Leon exception can apply to such situations and Leon should be applied here as there was no bad faith or reckless disregard for the truth further the marginal benefit of deterring such warrants would be outweighed by the heavy costs to the justice system of such a ruling. 41 and exceeded the magistrate judge's jurisdiction because a magistrate judge in one jurisdiction (here, the Eastern District of Virginia) cannot authorize the search of the content of a computer in another jurisdiction (here, the Southern District of Iowa) and none of the exceptions to Fed.
The district court erred in granting defendants' motion to suppress evidence obtained through a warrant authorizing a search of their computers through the use of a Network Investigative Technique (NIT) the NIT warrant issued in this case was issued in violation of Fed. Court Description: Smith, Author, with Shepherd, Circuit Judge, and Fenner, District Judge] Criminal case - Criminal law.
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