United States v. D'Andrea, No. 09-1018 (1st Cir. 2011)
Annotate this CaseAfter a tip led them to a website containing the male defendant's phone number and pornographic pictures of the female defendant's eight-year-old daughter, the police obtained a warrant and searched the woman's home. They seized electronics containing pornographic images; the woman admitted to abuse of the girl. The district court denied a motion to suppress. The male defendant was sentenced to 30 years imprisonment; the mother was sentenced to 27 years. Each was ordered to pay $67,600 in restitution. The First Circuit vacated and remanded for an evidentiary hearing on the motion. The defendants had an expectation of privacy on their password-protected website, which was searched without a warrant. It is not clear whether they shared the password with others and risked loss of privacy; whether the police search exceeded the tipster's private search; whether the tipster was assisted by authorities; whether the police expected to find something significant beyond pornography described by the tipster; whether the police had a reasonable belief that harm was imminent; or whether the evidence would have inevitably been discovered independently. The district court acted within its discretion in denying a "Franks" hearing, based on its finding that the tipster's affidavit established a link between the pornography and the female defendant's home.
The court issued a subsequent related opinion or order on August 30, 2011.
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