Stipo

People v. Stipo

Good Law
124 Cal. Rptr. 3d 688·195 Cal. App. 4th 664·2011 Cal. App. LEXIS 585
Court of Appeal of CaliforniaMay 16, 2011No. B218512California3,084 words

Opinion

Lead Opinion

Gilbert, J.

A subscriber has no expectation of privacy in the subscriber information he supplies to his Internet provider. Therefore, his challenge to a warrant requiring his Internet provider to identify him through his Internet Protocol. (IP) address has no merit.

*667 Vincent Michael Stipo appeals a judgment following his no contest pleas to wiretapping (Pen. Code, § 631, subd. (a)) and unlawfully accessing computer information (Pen. Code, § 502, subd. (c)(2)). 1 The trial court denied Stipo’s motions to suppress evidence that the police obtained in two searches. We conclude, among other things, that (1) Stipo lacks standing to challenge a search warrant served on Time Warner Cable (Time Warner) directing it to provide subscriber information, and (2) the absence of an incorporation by reference clause for an exhibit to a search warrant affidavit is not a substantial defect. We affirm.

FACTS

In January 2008, a computer hacker unlawfully entered the Hacienda La Puente High School District (District) computer network. The hacker gained control of the District’s, “routers,” changed their “configuration,” and installed “unauthorized tunnels” to route the data on the network to the…

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