State v. Mixton
Arizona Supreme Court | January 11, 2021
In 2016, an undercover Tucson Police Department detective posted an advertisement on an online forum seeking users interested in child pornography. Someone with the user name “tabooin520” contacted the detective and asked to be added to a group chat on a messaging application called “Kik.” Once added, tabooin520 sent images and videos of child pornography to the group chat and to the detective.
At the detective’s request, federal agents with Homeland Security Investigations (“HSI”) subpoenaed Kik to obtain tabooin520’s IP address. Kik provided the IP address to the detective. The detective, using publicly available databases, determined that Cox Communications (“Cox”) was the ISP for the IP address. HSI agents then subpoenaed on Cox for the subscriber information associated with the IP address.
Cox complied with the subpoena, and disclosed the name of the subscriber—William Mixton—and his address and phone number. The detective used this information to obtain and execute a search warrant on Mixton’s residence. Detectives seized a cell phone, an external hard drive, a laptop, and a desktop computer. A subsequent search of these devices revealed photos and videos of child pornography, as well as the messages, photos, and videos that Mixton, under the username “tabooin520,” sent to the detective.
Mixton was indicted on twenty counts of sexual exploitation of a minor under fifteen years of age. Mixton moved unsuccessfully to suppress the subscriber information and all evidence seized from his residence on the grounds that the Fourth Amendment and the Arizona Constitution required a warrant or court order to obtain his IP address and ISP subscriber information. A jury convicted Mixton on all counts, and he appealed.
In a split decision, the court of appeals affirmed Mixton’s convictions and sentences. State v. Mixton, 247 Ariz. 212, 220 ¶ 13 (App. 2019). Mixton then sought review with the Arizona Supreme Court.
The Arizona Supreme Court granted review to consider “whether the United States or Arizona Constitution requires a search warrant or court order to obtain IP addresses and ISP subscriber information.” In a 4-3 decision, the Court affirmed Mixton’s conviction and sentence. Justice Lopez delivered the majority opinion of the Court, joined by Justices Gould, Beene and Montgomery.
With respect to the Fourth Amendment, the Court held that “the Fourth Amendment does not protect IP addresses and ISP...
