People v. LundAnnotate this Case
Lund was convicted of possession of more than 600 images of child pornography, at least 10 of which involved a prepubescent minor or a minor under 12 years old (Penal Code 311.11(c)(1)) and was sentenced to five years' imprisonment.
One of the tools used in the investigation was CPS (Child Protection System), a privately-developed web interface for viewing results from a suite of several software tools that each search for child pornography on a specific peer-to-peer network. CPS compares the files listed in response to keyword searches against CPS’s database of hash values, which contains the hash values of files that law enforcement officers somewhere in the world have previously tagged as child pornography.
The court of appeal affirmed, rejecting arguments that the trial court should have excluded some of the CPS data because the data was case-specific, testimonial hearsay and that the prosecution failed to establish that CPS was reliable and generally accepted in the scientific community. The CPS hash values were not hearsay in this case because they were not admitted for their truth. Lund also unsuccessfully argued that the prosecutor committed repeated, pervasive misconduct and that the trial court abused its discretion in allowing the prosecution to play for the jury several child pornography videos.