Legal Opinion

State v. Stuart Lizotte, Jr.

Supreme Court of Vermont

Decided August 17, 2018No. 2017-127PublishedCited by 4 opinions

1Opinion of the CourtSkoglund, J.

¶ 1. This case requires us to consider whether defendant's Fourth Amendment rights were violated when his online service provider, AOL, searched his transmissions, detected suspected child pornography, and sent information to the National Center for Missing and Exploited Children (NCMEC), which opened the email and attachment and provided it to law enforcement. We conclude that AOL was not acting as an agent of law enforcement when it searched defendant's transmissions, and that NCMEC and law enforcement did not expand AOL's private search by viewing the file already identified by AOL as…

2Cases cited25 opinions

  1. United States v. JacobsenSupreme Court of the United States · 1984
  2. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  3. Walter v. United StatesSupreme Court of the United States · 1980
  4. United States v. Karyn Rene Walther, United States of America v. Graciela Barba-BarbaCourt of Appeals for the Ninth Circuit · 1981
  5. United States v. HardinCourt of Appeals for the Sixth Circuit · 2008

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3Cited by4 opinions

  1. State v. Thomas Ferguson and Katherine A. FergusonSupreme Court of Vermont · 2020
  2. In Re C.W., JuvenileSupreme Court of Vermont · 2026
  3. State v. Andreas W. Rauch SharakWisconsin Supreme Court · 2026
  4. State v. Jamie PrueSupreme Court of Vermont · 2025

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