Defendant was convicted, after stipulated bench trial, of possession of child pornography, based on images police recovered from his computer. Detective obtained from Comcast, which was Defendant's Internet service provider (ISP), the name and address of the person whose Internet protocol (IP address corresponded to the computer on which the pornographic images were found. Detective used the information to obtain a warrant to search Defendant's residence. Detective's actions, in obtaining a search warrant and securing charges before appearing before grand jury, violated grand jury subpoena rules, in violation of Illinois law. However, detective's conduct did not violate 4th amendment, as Defendant lacked a reasonable expectation of privacy in the information supplied by the ISP. Information that detective obtained did not enable him to track any person's movements but only to learn the physical location of a computer and its ISP subscriber's identity.Defendant did not establish prejudice from the subpoena. (McLAREN and BRENNAN, concurring.)
Illinois Appellate Court
Criminal Court
Subpoenas