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United States v. McLamb

United States Court of Appeals, Fourth Circuit

January 25, 2018

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
ROBERT MCLAMB, Defendant-Appellant, PRIVACY INTERNATIONAL; ELECTRONIC FRONTIER FOUNDATION; NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, Amici Supporting Appellant.

          Argued: October 26, 2017

         Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:16-cr-00092-RBS-RJK-1)

         ARGUED:

          Andrew William Grindrod, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Norfolk, Virginia, for Appellant.

          Richard Daniel Cooke, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

         ON BRIEF:

          Geremy C. Kamens, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.

          Dana J. Boente, United States Attorney, Alexandria, Virginia, Elizabeth M. Yusi, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

          Scarlet Kim, PRIVACY INTERNATIONAL, London, United Kingdom, James R. Theuer, JAMES R. THEUER, PLLC, Norfolk, Virginia, for Amicus Privacy International.

          Cindy Cohn, Mark Rumold, Andrew Crocker, ELECTRONIC FRONTIER FOUNDATION, San Francisco, California, for Amicus Electronic Frontier Foundation.

          Elizabeth Franklin-Best, BLUME FRANKLIN-BEST & YOUNG, LLC, Columbia, South Carolina, for Amicus National Association of Criminal Defense Lawyers.

          Before DUNCAN and THACKER, Circuit Judges, and Max O. COGBURN, United States District Judge for the Western District of North Carolina, sitting by designation.

          THACKER, CIRCUIT JUDGE.

         Robert McLamb ("Appellant") challenges the district court's order denying his motion to suppress evidence of child pornography contained on a hard drive recovered at his home. The Federal Bureau of Investigation ("FBI") obtained the evidence in the course of its investigation of a child pornography website called "Playpen, " a hidden services message board located on the "dark web." The dark web is a ...


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