United States v. Hood, No. 18-1407 (1st Cir. 2019)Annotate this Case
The First Circuit affirmed Defendant's conviction for transporting child pornography in violation of 18 U.S.C. 2252A(a)(1), holding that the district court did not err in denying Defendant's motion to suppress and imposing as a special condition of Defendant's supervised release that Defendant submit to periodic polygraph tests.
On appeal, Defendant argued, among other things, that the district court erred in concluding that the government did not violate the Fourth Amendment in obtaining and then reviewing "specific IP addresses" associated with Defendant's account with Kik, a smartphone messaging application, as well as the "specific dates and times associated with each instance of internet access accomplished from those IP addresses." The First Circuit held (1) Defendant did not have a reasonable expectation of privacy in the information that the government acquired from Kik without a warrant; and (2) the district court did not abuse its discretion in including periodic polygraph testing as a special condition of Defendant's supervised release.