United States v. Shipton, No. 20-2570 (8th Cir. 2021)
Annotate this Case
The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress and affirmed defendant's conviction for two counts of possessing child pornography. In this case, after a police officer downloaded part of a computer file containing child pornography on a peer-to-peer network from an IP address connected to defendant, investigators searched his home and digital devices and uncovered additional illicit files.
The court has held numerous times that a defendant has no objectively reasonable expectation of privacy in files he shares over a peer-to-peer network, including those shared anonymously with law enforcement officers. The court also concluded that there was no error in denying defendant's request for independent testing of the software law enforcement used to identify him as possessing and sharing child pornography. The court explained that the evidence in the record, which the magistrate judge expressly found credible, is that the programs operated reliably and did not access private areas of defendant's computer. Furthermore, defendant has not offered any reason to conclude otherwise.
Court Description: [Arnold, Author, with Gruender and Stras, Circuit Judges] Criminal case - Criminal case. A defendant has no objectively reasonable expectation of privacy in files he shares over a peer-to-peer network, including those shared anonymously with law enforcement; the district court did not err in denying defendant's request for independent testing of the software law enforcement used to identify him as possessing and sharing child pornography; the evidence in the record, which the magistrate judge found credible, is that the programs operated reliably and did not access private areas of defendant's computer.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.