United States Seventh Circuit

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US v. Pappas, 09-1595

In a prosecution for possession of child pornography, grant of defendant's motion to suppress evidence seized during a search of his home, as well as statements he made during the execution of the search warrant is reversed where: 1) even if probable cause did not support issuance of the warrant, the federal agent demonstrated a prima facie case of good faith by obtaining a warrant in the first instance; and 2) although there was some delay between the transmission of child pornography to defendant and the issuance of the warrant, the delay was not so great as to overcome the presumption of good faith, nor was there anything impermissible in including information related to the practices of child pornography "collectors" given that numerous images of child pornography were sent to defendant.

Appellate Information

  • Argued 10/08/2009
  • Decided 01/21/2010
  • Published 01/21/2010

Judges

  • MANION, Circuit Judge., Before EASTERBROOK, Chief Judge, and MANION and TINDER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Jonathan H. Koenig, Attorney, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellant.

  • For Appellees:
  • Robin Shellow, Attorney, James M. Shellow, Attorney, The Shellow Group, Milwaukee, WI, for Defendant-Appellee.