United States Second Circuit

Defendant's conviction upon a conditional guilty plea, of several counts of production of child pornography, committing a felony offense involving a minor while being required to register as a sex offender, and possession of child pornography, is: 1) affirmed in part, where the district court properly concluded that the officers lacked probable cause to search for evidence of child pornography and that the warrant was facially overbroad; but 2) vacated and remanded in part, where the factual and analytical record is deficient as to whether the warrant was severable and whether the images of child pornography were seized in plain view.

Appellate Information

• Decided 06/25/2013
• Published 06/25/2013

Judges

• SWAIN

Court

• United States Second Circuit

Counsel