Mandated reporter is not a government agent
Appellate review of a criminal conviction for sufficiency of the evidence ignores evidence and inferences contrary to the verdict. Statute defining the offense of possessing child pornography does not include the date of possession as an element of the offense. A mandatory reporting statute does not make the mandated reporter a government agent for Fourth Amendment purposes. Yahoo discovered child pornography in defendant’s account and notified the National Center for Missing and Exploited Children, so a government view of the same material required no warrant. Defendant had no reasonable expectation of privacy in defendant’s IP address. Evidence that defendant “intentionally searched for images of child pornography, found them, and knowingly accepted them onto his computer, even if that acceptance was merely temporary” supported a finding that defendant constructively possessed child pornography in his computer cache. Conviction affirmed.
State of Missouri, Respondent, vs. Stephen Craig Ingram, Appellant.
Missouri Court of Appeals, Eastern District – ED110207
Portable breath test admissible for probable cause without calibration
Statutes provide that portable breath test results are admissible to show probable cause, on a foundation showing administration by a certified law enforcement officer, and evidence of calibration is expressly not necessary. In rejecting portable breath test results for lack of calibration, the circuit court misapplied the law and abused its discretion. Reversed and remanded with direction to admit the portable breath test results, and other evidence, which the parties may offer.
DYLAN ACEVEDO, Respondent vs. DIRECTOR OF REVENUE, Appellant
Missouri Court of Appeals, Southern District – SD37588