United States Sixth Circuit

Judgment of the district court, granting defendant's motion to suppress evidence on the ground that the evidence of one-month subscription to child pornography was stale, is reversed and remanded where: 1) under the factors set forth in US v. Abboud, 438 F.3d 554 (6th Cir. 2006), the information presented to the magistrate judge was not stale; 2) the magistrate judge had a substantial basis to conclude that probable cause existed from the affidavit that the defendant, a registered sex offender, paid $79.95 to access a commercial child pornography web site using an email address and PayPal account connected to his residence; and 3) the magistrate judge could conclude that there was a fair probability that the evidence still existed sixteen months later.

Appellate Information

• Decided 10/08/2009
• Published 10/08/2009

Judges

• Before:  MOORE and ROGERS, Circuit Judges;  THAPAR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Nils R. Kessler, Assistant United States Attorney, Grand Rapids, Michigan, for Appellant.  Helen C. Nieuwenhuis, Nieuwenhuis Law Offices, P.C., Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Nils R. Kessler, Assistant United States Attorney, Grand Rapids, Michigan, for Appellant.  Helen C. Nieuwenhuis, Nieuwenhuis Law Offices, P.C., Grand Rapids, Michigan, for Appellee.