Knight v. State, 1D13–3182.
| Decision Date | 22 December 2014 |
| Docket Number | No. 1D13–3182.,1D13–3182. |
| Parties | John Gordon KNIGHT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
John Gordon KNIGHT, Appellant
v.
STATE of Florida, Appellee.
No. 1D13–3182.
District Court of Appeal of Florida, First District.
Dec. 22, 2014.
Rehearing Denied Jan. 29, 2015.
Wm. J. Sheppard, Elizabeth L. White, Matthew R. Kachergus, and Bryan E. DeMaggio of Sheppard, White & Kachergus, P.A., Jacksonville, for Appellant.
Pamela Jo Bondi, Attorney General, and Wesley Paxson, III, Assistant Attorney General, Tallahassee, for Appellee.
Opinion
SWANSON, J.
In this appeal from his conviction and sentence for two counts of possession of child pornography, appellant asserts the trial court committed reversible error in denying three suppression motions. The first motion sought to suppress all evidence seized as a result of the extra-jurisdictional investigation and search of appellant's home computer located in Atlantic Beach by Detective Camille Burban of the Neptune Beach Police Department. The second motion claimed the warrant authorizing the search of appellant's home computer was overbroad because it did not state with particularity the areas of the computer to be searched. The third motion claimed the execution of the search warrant was unreasonable because the forensic examination of appellant's computer was not completed until over six months after the seizure of the computer. We affirm the denial of the second and third motions without discussion. For the reasons that follow, we also affirm the denial of the first motion.
At the suppression hearing, Detective Camille Burban of the Neptune Beach Police Department testified that she had prior experience investigating sex crimes and child pornography as a member of the Internet Crimes Against Children (ICAC) Task Force for Northeast Florida. In
2009, she used a program called the Wyoming Tool Kit to search for people who were sharing known child pornography on peer-to-peer networks. A peer-to-peer network was a software program that one could download onto a computer to allow the user to share files with other people who were connected to the same network. Known child pornography consisted of files identified by the National Center for Missing and Exploited Children or the Wyoming ICAC Task Force as depicting real child victims. Just as every person had a fingerprint, every picture of known child pornography had an SHA value, which was recognized by the software Burban had running in her office. When the program identified a peer-to-peer network trading an SHA value linked to known child pornography, it logged the IP address (the number identifying the location where the computer was hooked up to the Internet), the name of the file containing the known child pornography, and the date the file in question was shared. In this case, the program logged an IP address that was from Comcast with the latest sharing occurring on August 6, 2009. Burban subpoenaed Comcast and determined that the IP address was registered to a residence in Atlantic Beach.
Burban then called Detective Chris Pegram of the Atlantic Beach Police Department and told him that she obtained a hit on her computer for a residence in Pegram's...
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