United States v. Steiger

318 F.3d 1039 (11th Cir. 2003)

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Nature of the Case

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Facts

An anonymous source attached to an e-mail allegation of child abuse an electronic image file containing a picture of a white male sexually abusing a young white female who appeared to be approximately four to six years of age. The police contacted the source by email and got another email with eight attached images showing an adult white male nude from the waist down fondling and pressing the young girl against his body in various positions and exposing her genitalia. One picture depicted clamps connected to a chain attached to the child's labia. The girl was nude in several photographs and partially dressed in others. The anonymous e-mail again identified the molester as 'Brad Steiger,' and provided D's Internet service account information with AT&T WorldNet, possible home address, telephone number used to connect to the Internet, and a fax number. The anonymous source also informed Captain Murphy that he had D's 'i.p. number with local (Turkish) time.' An IP number, also known as an Internet Protocol ('IP') address, 'is the unique address assigned to a particular computer connected to the Internet. All computers connected to the Internet have an IP address.' The source sent three IP addresses used by D on July 14 and 15; thus, it appears that D's Internet Service Provider assigned dynamic IP addresses for each login. Apparently, without being asked to do so, the source sent an e-mail to police on July 19 providing D's checking account records. On July 21, the source sent another e-mail that identified specific folders where pornographic pictures were stored on D's computer. The FBI verified the data and then issued a subpoena to Security at AT&T Worldnet Service, who advised police that the Internet account the anonymous source referred to was registered to D at the home address the source provided. A Driver's License check resulted in a 'photo ID' copy of the license issued to a 'Bradley Joseph Steiger.' Police concluded that the photo 'appeared identical to the white male subject depicted in the photographs with the young girl.' It was also confirmed that a 'Brad Steiger' had a license to dispense medicine as a practitioner in Alabama and had worked as an emergency room physician in Montgomery. Agent Faulkner went to the hospital where the Medical Board indicated D had been working and showed one of the pictures of D with the young girl. An affidavit in support of a search warrant was created. The affidavit described the pictures the anonymous source sent on July 17 without mentioning that the source had obtained the evidence by 'hacking' into D's computer. Officers searched D's home and seized his computer and related equipment, as well as leg restraints, clamps connected to a chain, and what appeared to be a blindfold. D was indicted. The source refused to reveal his identity but explained in an e-mail on November 30, 2000, how he obtained that information. D had downloaded a fake picture posted to the newsgroup, the Trojan Horse program permitted the source to enter into D's computer via the Internet and find the images and identifying information he sent to the MPD. D filed motions to suppress. The motions were denied. The jury then found D guilty on Counts I-IV and VI. D moved for acquittal or a new trial, and later for reconsideration of the verdict for Counts II and IV. The district court granted the motions in part by acquitting Steiger on Counts II and VI (second violations of statutes charged in Counts I and V). It then entered a judgment and conviction on Counts I, III, and IV, and sentenced Steiger to 210 months in prison and 3 years of supervised release. This appeal resulted.