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(Warrant Aff. ¶ 4b.) The search warrant application also alleges that Calixte was the author of a mass email to the BC community that stated that his ex-roommate is gay, and included a link to a profile on adam4adam.com, a gay-oriented website, created in his ex-roommate’s name. (Warrant Aff. ¶ 4d–4f.)
The search warrant was granted and Calixte’s iPods, cell phones, computers, external hard drives, and other digital equipment were seized. In response, Calixte filed a motion to quash the warrant and for the return of his property, claiming that the search was illegal due to lack of probable cause, based on the fact that none of his alleged conduct constituted criminal activity and that the witness was unreliable. (Calixte Mem. 6–8, 10, 13–14.) In their opposition memo, the police stated that Calixte's use of the BC computer system to send a mass email "outing" his ex-roommate and create a "fraudulent profile" on adam4adam.com constituted access for "unauthorized uses" in violation of Massachusetts law. (Opp'n Mem. 4–6.) On April 22, 2009, First Justice Dyanne J. Klein of the Newton District Court denied Calixte’s motion, noting that the alleged unauthorized access to the BC grading system to change students’ grades constituted a crime, although the suspected “outing” of his ex-roommate via email over the BC list server did not. (Trial Ct. Order 1–2.)
On May 21, 2009, in response to Calixte’s appeal, Justice Margot Botsford of the Supreme Judicial Court of Massachusetts overturned the Newton District Court’s decision and ordered that “all ongoing forensic analysis of the items seized from Calixte must cease . . . and all items must be returned forthwith.” Justice Botsford ruled that the search warrant affidavit failed to establish probable cause, citing the “troublingly weak evidence of . . . [the ex-roommate’s] reliability” and an insufficient nexus between the items seized and evidence relating to the allegation of unauthorized access. Finally, she noted that sending an email "outing" another student would not constitute a criminal offense, even if it violated a BC internet use policy. (Sup. Jud. Ct. Order 6, 9–10.)