United States v. Morel, No. 17-1696 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed Defendant's conviction of one count of possessing child pornography, holding that the district court did not err in denying Defendant's motions to suppress the evidence.
Defendant uploaded child pornography images to a digital album on Imgur, an image hosting website. The National Center for Missing and Exploited Children (NCMEC) received a report about the images from an anonymous tipster and informed law enforcement of the images. In his motions to suppress, Defendant argued that the evidence was obtained pursuant to a warrantless search by Imgur, acting at the instigation of NCMEC, and that the computer was searched pursuant to a warrant that lacked probable cause. The district court denied the motions. The First Circuit affirmed, holding that the district court did not err in determining (1) Defendant had no reasonable expectation of privacy in the images he uploaded to Imgur or in his internet protocol address, and (2) the state's warrant to search Defendant's computer was supported by probable cause.