"The affidavit for the Device Warrant stated that the "FBI Springfield office received a tip that Todd E. Daugherty (M/W D.O.B. 07/05/1968 posted on internet social forum Hateandflame.com the following comment 'FUCK YOU YOU STALKING MOTHER FUCKERS. I'LL SHOW YOU WHO IS AUSTIC. I'LL GO TO FUCKING MEMORIAL ELEMENTARY SCHOOL AND MAKE SANDY HOOK LOOK LIKE A SUNDAY SCHOOL PICNIC."" The affidavit also stated that the post was "issued by someone" with the username "N90GL", which was Daugherty's ham radio call sign. The affidavit also stated that his "profile picture" and the post included the same photos of Daugherty holding a handgun. No other explanation was provided about how they knew that was his profile. No explanation was provided about the website, how one could set up a profile, make posts, or about its user base, or its contents. No IP address was provided linking Daugherty to the post. Furthermore, the affidavit did not explain that the tipster intentionally obscured their identity through the Tor network. Nor did the affidavit explain that multiple people indicated that Daugherty had been set up. Significantly, the affidavit did not even include that posts continued to appear under his name while he was in custody and had no access to electronic devices. Instead, the Device Warrant affidavit contained conclusory assertions that it was Todd Daugherty's account that made the post."
(Daugherty's Motion to Suppress (page 4)(2024)
(Daugherty's Motion to Suppress (page 4)(2024)