Notable: D.Ariz reaches a question long speculated about but, to my knowledge, never before reached: If a dog sniff for drugs is not a search under Caballes, does that allow searches for CSAM, too? Held: Yes, no search, Caballes applies.
Thread.
storage.courtlistener.com/recap/gov.usco… #N
Thread.
storage.courtlistener.com/recap/gov.usco… #N
I confess I find this case a bit odd. First, procedurally, it's a 28 U.S.C. § 2255 case alleging ineffective assistance for failure to raise a 4A issue. But as best I recall, the 4A claim has been tried elsewhere and hasn't worked, so I don't see how it's in IAC territory.
2nd, substantively, the claim is that Caballes applies to NCMEC opening a file to confirm it's CSAM. But I don't see how that's a Caballes issue. When NCMEC opens a file, it's either CSAM *or it's a private file that isn't CSAM.
That doesn't implicate Caballes/Jacobsen, as that line of caselaw is about technological tools that can only say an item is or is not contraband. Actually opening a file reveals more, it shows the file.
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