Argued: October 26, 2017
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)
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.
C. Kamens, Federal Public Defender, OFFICE OF THE FEDERAL
PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.
J. Boente, United States Attorney, Alexandria, Virginia,
Elizabeth M. Yusi, Assistant United States Attorney, OFFICE
OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for
Scarlet Kim, PRIVACY INTERNATIONAL, London, United Kingdom,
James R. Theuer, JAMES R. THEUER, PLLC, Norfolk, Virginia,
for Amicus Privacy International.
Cohn, Mark Rumold, Andrew Crocker, ELECTRONIC FRONTIER
FOUNDATION, San Francisco, California, for Amicus Electronic
Elizabeth Franklin-Best, BLUME FRANKLIN-BEST & YOUNG,
LLC, Columbia, South Carolina, for Amicus National
Association of Criminal Defense Lawyers.
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.
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 ...