Hacking for pigs makes you a pig, trojans, 4th amend

[Major Variola (ret.)]

June 18, 2003

Evidence Barred in Ex-O.C. Judge's Child-Porn Case
Writings and photos were illegally obtained from Ronald Kline's
computer, court rules.

By Christine Hanley, Times Staff Writer

A federal judge on Tuesday threw out most of the key evidence in a
high-profile
child pornography case against a former Orange County judge, ruling that

sexually explicit diary entries and photos were discovered after illegal
computer
searches by a Canadian hacker who was working for police.

The ruling could undermine much of the case against Ronald C. Kline,
whose
arrest drew national attention and ultimately resulted in the judge
dropping his bid
for reelection.

U.S. District Judge
Consuelo B. Marshall in
Los Angeles found that
Kline's 4th Amendment
privacy rights were
violated when Bradley
Willman of Langley,
British Columbia, invaded
his home computer with
a so-called Trojan Horse
virus.
In a 12-page decision,
Marshall suppressed all
the evidence seized from
Kline's home and his
home computer, including excerpts from a
computer diary about his sexual desires and more
than 1,500 pornographic photos of young boys.

"The Court finds that Bradley Willman was a government agent at the time
of the intrusion, that Willman
thought of himself as an agent for law enforcement, and that Willman's
motivation was to act for law
enforcement purposes," Marshall wrote.

Willman, the judge ruled, was acting as a tool for police and  as with
any law enforcement agent 
would be barred from seizing any personal property without a search
warrant.

Marshall left open the question of whether material seized from Kline's
courthouse computer will be allowed,
asking both sides to return Sept. 15 to discuss that matter.

<snip>
http://www.latimes.com/news/local/la-me-kline18jun18,1,5480864.story?coll=la-headlines-california