United States Second Circuit

Order suppressing evidence of child pornography obtained at defendant's home on grounds that the search warrant, issued on the basis of a single incident of access to online child pornography more than nine months earlier, was not supported by probable cause, is reversed, where: 1) evidence of access to child pornography on a single occasion, absent any indicia of the suspect's deliberate intention to access those images, does not support an inference that the suspect is a hoarder of child pornography sufficient to create probable cause to believe that child pornography will be found at the suspect's home nine months later; but 2) suppression of the evidence was not required because the agents executing the search relied in good faith on a duly issued warrant.

Appellate Information

• Decided 03/02/2015
• Published 03/02/2015

Judges

• Lynch

Court

• United States Second Circuit

Counsel