Earlier this year, a state appellate court issued a written opinion in an Arizona child pornography case discussing whether the lower court correctly denied the defendant’s motion to suppress. The defendant’s motion sought suppression of the illicit images as well as information that officers obtained through a subpoena sent to his internet service provider (ISP). Ultimately, the court concluded that such information could only be obtained with a warrant, however, because officers were acting in good-faith at the time they gathered the information, the evidence in the defendant’s case was not suppressible.
According to the court’s opinion, undercover detectives working in a child pornography sting placed an ad in an online forum, asking those interested in child pornography and incest to join a messaging group. Several users responded to the advertisement, including a user by the name of “tabooin520.” Within days of being added to the group, tabooin520 posted images portraying child pornography. Detectives sent a private message thanking the user for posting the photos, and the user responded with additional pornographic pictures of children.
Arizona detectives were working with federal investigators on this particular sting, and asked investigators to serve a subpoena on the messaging application, seeking the user’s IP address. With this information, detectives determined the defendant’s internet service provider. Detectives then issued a subpoena seeking the physical address associated with the IP address.