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STATE v. LIZOTTE

No. 17-127.

197 A.3d 362 (2018)

2018 VT 92

STATE of Vermont, v. Stuart LIZOTTE, Jr.

Supreme Court of Vermont.

August 17, 2018.

Attorney(s) appearing for the Case

Thomas J. Donovan, Jr. , Attorney General, and Ultan Doyle , Assistant Attorney General, Montpelier, for Plaintiff-Appellee.

Allison N. Fulcher of Martin & Associates, Barre, for Defendant-Appellant.

Christopher J. Schmidt , St. Louis, Missouri, Logan Rutherford , Kansas City, Missouri, and Lawrence G. Scarborough , New York, New York, of Bryan Cave LLP, for Amicus Curiae The National Center for Missing and Exploited Children.

PRESENT: Reiber, C.J., Skoglund, Robinson, Eaton and Carroll, JJ.

¶ 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...

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