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United States v. Delacruz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jul 20, 2012
NO. 12-CR-0132 WBS (E.D. Cal. Jul. 20, 2012)

Opinion

NO. 12-CR-0132 WBS

07-20-2012

UNITED STATES OF AMERICA, Plaintiff, v. IVAN LINGHON DELACRUZ, Defendant.

DANIEL J. BRODERICK, Bar #89424 Federal Defender MICHAEL PETRIK, Jr. Bar #177913 Assistant Federal Defender Attorney for Defendant IVAN LINGHON DELACRUZ


DANIEL J. BRODERICK, Bar #89424

Federal Defender

MICHAEL PETRIK, Jr. Bar #177913

Assistant Federal Defender

Attorney for Defendant

IVAN LINGHON DELACRUZ

STIPULATION AND ORDER FOR

PROTECTIVE ORDER REGARDING

DEFENSE FORENSIC COMPUTER

EXAMINATION

IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, Michelle Prince, Assistant United States Attorney, attorney for Plaintiff, and Michael Petrik, Assistant Federal Defender, attorney for Mr. DelaCruz, as follows.

The parties ask the Court to approve the following proposed protective order governing the defense expert's forensic examination of computer data seized in this case.

In order to advise the defendant adequately, the defense case requires a forensic evaluation by a knowledgeable expert of computer hardware and other material the government alleges contain images of child pornography. The parties have agreed that the attached proposed order should govern the defense examination of the computer media. They ask the Court to approve the proposed order.

Respectfully submitted,

DANIEL J. BRODERICK

Federal Defender

_________________________

MICHAEL PETRIK

Assistant Federal Defender

Attorney for IVAN DELACRUZ

BENJAMIN B. WAGNER

United States Attorney

_________________________

MICHELLE PRINCE

Assistant U.S. Attorney

Attorney for Plaintiff

ORDER

Pursuant to the parties' agreement, the Court approves the attached protective order.

IT IS SO ORDERED.

_________________________

KENDALL J. NEWMAN

UNITED STATES MAGISTRATE JUDGE

DANIEL J. BRODERICK, Bar #89424

Federal Defender

MICHAEL PETRIK, Jr. Bar #177913

Assistant Federal Defender

Attorney for Defendant

IVAN LINGHON DELACRUZ

UNITED STATES OF AMERICA, Plaintiff,

v.

IVAN LINGHON DELACRUZ, Defendant.

NO. CR S-12-0132 WBS


PROTECTIVE ORDER CONCERNING

DIGITAL MEDIA SAID TO

CONTAIN CHILD PORNOGRAPHY


ORDER

IT IS HEREBY ORDERED AS FOLLOWS:

1. The Federal Bureau of Investigation agents shall make a duplicate copy the hard drive and any other storage media available for defense analysis.

2. The duplicate copies of the hard drive and storage media shall be made available for defense counsel, Michael Petrik, defense paralegal, Julie Denny or another member of the defense team, and to defendant's proposed expert, Marcus Lawson, or one of Mr. Lawson's identified colleagues at Global CompuSearch LLC, to review at the Sacramento High Tech Task Force offices in Sacramento for the purpose of preparing the defense of the above-entitled action. Mr. Lawson's identified colleagues are Josiah Roloff, Kevin Peden, Carol Peden, and James Goldman. The images on the hard drive and storage media shall not be viewed by any other person on behalf of the defense.

3. A private room will be provided for the defense examination. No Government agents will be inside the room during the examination.

4. The expert will be permitted to bring whatever equipment, books, or records he believes may be necessary to conduct the examination.

5. Neither the defense expert nor defense attorneys nor the defense paralegal shall remove the hard drive or other storage media from the confines of the law enforcement office.

6. With the exception of materials which would be considered child pornography under federal law (including visual depictions and data capable of conversion into a visual depiction), the expert may download and remove files or portions of files, provided the forensic integrity of the hard drive is not altered. The expert will certify in writing (using the attached certification), that he has taken no materials which would be considered child pornography, or data capable of being converted into child pornography, under federal law, and that he has not caused any child pornography to be sent from the law enforcement premises by any means including by any electronic transfer of files.

7. Except when a defense expert fails to provide this certification, no Government agent, or any person connected with the Government, will examine or acquire in any fashion any of the items used by the expert in order to conduct the defense analysis. Should a defense expert fail to certify that the expert has not copied or removed child pornography, or data capable of being converted into child pornography, Government agents may then inspect or examine the materials in order to ensure that prohibited child pornography has not been removed.

8. When the defense indicates that it is finished with its review of the copy of the hard drives, the drive(s) or other storage devices shall be "wiped" clean.

9. Any disputes regarding the above or problems implementing this order shall be brought to the attention of the court through representative counsel after first consulting opposing counsel.

IT IS SO ORDERED:

_________________________

KENDALL J. NEWMAN

UNITED STATES MAGISTRATE JUDGE


Summaries of

United States v. Delacruz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jul 20, 2012
NO. 12-CR-0132 WBS (E.D. Cal. Jul. 20, 2012)
Case details for

United States v. Delacruz

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. IVAN LINGHON DELACRUZ, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Jul 20, 2012

Citations

NO. 12-CR-0132 WBS (E.D. Cal. Jul. 20, 2012)