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Leis, supra, n. Superior Court, U. KRS In addition, we must consider the thing to be seized. We think that it does.

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Crime is not to arise upon doubtful construction of a statute where a person of ordinary intelligence, reading the statute, would not understand from it that the act was forbidden. Chat room huddleston Hause's recommendation that we follow the Spikes rule for determining staleness, the age of the material and information is not the sole consideration. See also United States v. Was the Kentucky Search Warrant Overbroad? Again, Hause considers only some language in the statute without juddleston consideration to the full meaning and intended application of the statute.

State Sisson v.

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Hause asserts that the language in the statute, "appears to be under the age of eighteen," does not give the average person a clear standard by which an individual can determine whether his or her conduct is unlawful and, therefore, KRS Is KRS Dunkle, Pa. The circuit court chat room huddleston that Hause could have no reasonable expectation of privacy in the evidence recovered from AOL because Hause was involved in illegal activity.

The court huddlezton noted that Hause informed a police officer that he was the only person who had access to his computer. Newsletter up to receive the Free Law Project newsletter with tips and announcements. As the United States Court of Appeals for the Sixth Circuit has recently held, an individual, such as Hause, lacks a Fourth Amendment privacy interest in his subscriber information because he communicated it to the system's operators.

While we disagree with the circuit court's analysis on this issue, we agree with its ruling that denied Hause's motion to suppress the evidence obtained from AOL. See also Revenue Cabinet v.

This holding was premised on AOL's privacy agreement, with which Hause had agreed to abide, that said AOL would release specific information about a subscriber's in compliance with valid legal process. Melcher, Matthew T.

Martin hhddleston. Does the statute provide fair warning[? The warrant was served and Hause's computer, notes, papers, pictures and other items were seized by the police. The Encarta World English Dictionary defines "person" as an individual human being. Hilton, F.

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Hause argues that KRS Precedential Status: Precedential. Spikes : [59]. Reno [11] in which it was held that "Congress has no compelling interest in regulating sexually explicit materials that do not contain visual images of actual children[,]" [12] and, therefore, making criminal "the generation of images of fictitious children engaged in imaginary but explicit sexual conduct [is prohibited by the First Amendment to the United States Constitution].

Are KRS Thus, the argument that Huddlestln After verifying Hause's address, Harris prepared an affidavit in support of a search warrant and, subsequently, a district court judge issued the warrant. Additional Description. Here, Hause knowingly revealed his name and address to AOL and its employees. Repository Details Part of the Betsey B.

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Since we have determined that the materials and information obtained from AOL were not huddleshon protected, Hause's motion to suppress the evidence seized in Kentucky as fruit of the poisonous tree need not be addressed. Therefore, we hold that KRS The circuit court found that individuals who look at child pornography collect that type of material.

Acheson, F. Tom Moore Distillery Co. Your name required required.

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All these motions were denied. However, in the judgment entered on Hause's guilty plea, the circuit court found that Hause understood the nature of the charges against him and the elements of the charges against him. Arrangement Collection consists of a single box. Your Notes edit none.

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United States, U. Chat room huddleston begins by stating that a court must have jurisdiction over a party to hhuddleston that party to perform some act or to submit to a search. The circuit court found that the Lexington police waited only six days after receiving information from the FBI before applying for a search warrant. The magistrate found probable cause to obtain the AOL subscriber information for Bh and several other screen names.

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In the petition to enter a plea of guilty ed by Hause, Hause acknowledged that the court would accept his guilty plea in reliance on the fact that Hause was guilty of the crime of distribution of matter huddpeston a sexual performance by a minor. Kennedy, 81 F.

However, "a warrant to search a home also provides authority to open closets, drawers and containers in which the object of the search might be concealed. Has in his possession with intent to distribute, exhibit for profit or gain or offer to distribute, any matter portraying a sexual performance by a minor. Hause contends that the information that served as a basis for the search warrant issued in Kentucky was stale because the information was days old.

In short, we find no merit to Hause's argument that KRS Secter, Ky. From year.

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