United States Eighth Circuit

Defendant's possession of child pornography conviction is affirmed where: 1) although the search warrant affidavit was not a model of detailed police work, it set forth a number of specific facts and explains the investigation that took place; 2) the state court judge could reasonably have concluded that the facts in the affidavit established a fair probability that child pornography would be found in defendant's apartment; and 3) there is no indication that the state court judge failed to perform his proper judicial function or that the officers in this case acted other than in good faith when they carried out the search.

Appellate Information

• Decided 05/20/2010
• Published 05/20/2010

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel