Hatcher v. State
314 Ga. App. 836
| Ga. Ct. App. | 2012Background
- An investigator learned a Cherokee County resident was sharing child pornography on the Internet.
- The IP address used by the offender was assigned to a Comcast customer; Comcast disclosed the account holder's name and residential billing address.
- A warrant was obtained to search the residence for evidence of child pornography and related data storage devices.
- Hatcher lived in the basement of the identified residence and used the same wireless router as the subscriber.
- Forensic examination of Hatcher’s computer revealed numerous child-pornography files; he was charged with sexual exploitation of a child under OCGA § 16-12-100.
- Hatcher moved to suppress Comcast customer information; the trial court denied the motion, and he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of Comcast data | Hatcher argues Fourth Amendment privacy violation. | State contends no reasonable expectation of privacy in subscriber information. | No error; suppression denied. |
| Discretion to depart from mandatory minimum | Hatcher invokes Hedden to gain downward departure discretion. | State concedes Hedden applies; court should reconsider sentencing under Hedden. | Sentence vacated and remanded for reconsideration consistent with Hedden. |
Key Cases Cited
- Smith v. Maryland, 442 U.S. 735 (U.S. 1979) (no reasonable expectation of privacy in information voluntarily conveyed to a third party)
- United States v. Miller, 425 U.S. 435 (U.S. 1976) (no reasonable expectation of privacy in financial information conveyed to a bank)
- United States v. Beckett, 369 F. App’x 52 (11th Cir. 2010) (no reasonable expectation of privacy in information transmitted to an ISP)
- United States v. Christie, 624 F.3d 558 (3d Cir. 2010) (no reasonable expectation of privacy in IP address or subscriber information)
- United States v. Bynum, 604 F.3d 161 (4th Cir. 2010) (no reasonable expectation of privacy in ISP subscription information)
- Hedden v. State, 288 Ga. 871 (Ga. 2011) (sentencing discretion for downward departure in child-pornography cases)
- Kesler v. State, 249 Ga. 462 (1982) (no reasonable expectation of privacy in business records)
- Culpepper v. State, 156 Ga. App. 331 (1980) (bank records not private; lack of standing to object to production)