901 F. Supp. 2d 1101
C.D. Ill.2012Background
- Agents obtained a warrant to search the residence at 1816 2nd Avenue, Rock Island, IL for passport fraud and harboring an alien.
- Schlingloff resided there with the targets and later surrendered that he lived there with them.
- Approximately 130 media devices were seized; Schlingloff's laptop and external storage were sent for analysis.
- Forensic Analyst McNamee used FTK; KFF flags for known files (including child pornography) were enabled as standard procedure.
- KT files flagged as child pornography were opened briefly by McNamee, who then notified agents and obtained a warrant for child pornography.
- A subsequent search warrant (Feb 4, 2011) yielded 33 known child pornography videos and showed Schlingloff’s ownership of the devices.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FTK KFF usage expanded the warrant’s scope | Schlingloff contends KFF broadened scope beyond passport fraud. | Schlingloff argues KFF was within standard procedure and not exceeding scope. | Scope exceeded due to affirmative enabling of KFF for child pornography in non-porn case. |
| Whether opening flagged child-pornography files violated the warrant | Opening flagged files without a new warrant was outside scope. | Briefly opening files was permissible under processing and identification. | Opening flagged files exceeded the warrant’s scope; suppression required. |
| Whether suppression is required for the opened child pornography files | Evidence should be suppressed because it was obtained outside warrant scope. | Argues that plain view or inevitable discovery could justify admission. | Suppression granted for the opened child pornography files. |
Key Cases Cited
- United States v. Mann, 592 F.3d 779 (7th Cir. 2010) (FTK filtering can be used without per se expanding the warrant; facts matter)
- United States v. Burgess, 576 F.3d 1078 (10th Cir. 2009) (distinguishes inadvertent flagging from deliberate expansion)
- United States v. Wong, 334 F.3d 831 (9th Cir. 2003) (relevance to warrant scope and searching electronic files)
- United States v. Seiver, 692 F.3d 774 (7th Cir. 2012) (modern computer searches require realistic expectations)
- United States v. Grimmett, 439 F.3d 1263 (10th Cir. 2006) (computer searches may be as extensive as reasonably necessary)
- United States v. Hill, 459 F.3d 966 (9th Cir. 2006) (relevance to digital evidence and scope of searches)
- United States v. Cooks, 493 F.2d 668 (7th Cir. 1974) (plain view requires inadvertence and proper locator)