State v. Rose

In this criminal case, defendant appeals a judgment convicting him of using a child in a display of sexually explicit conduct, ORS 163.670.1 Defendant had an e-mail account with Yahoo!, Inc. (Yahoo), a California-based company. Pursuant to a search warrant issued by an Oregon circuit court, Yahoo disclosed defendant’s e-mails to the police, including two e-mails containing photographs of the victim’s breasts. Defendant assigns error to the trial court’s denial of his motion to suppress, contending that the warrant was invalid because (1) the circuit court did not have authority under ORS…