United States Eighth Circuit

Defendant's child pornography conviction is affirmed where: 1) a search warrant application contained sufficiently detailed descriptions of the images defendant sent to permit the issuing judge to make an independent finding of probable cause; and 2) a sixty-day extension granted for examining defendant's computer did not prejudice defendant and the officers performing the search did not show a reckless disregard of proper procedure.

Appellate Information

• Decided 01/04/2010
• Published 01/04/2010

Judges

• GRUENDER, Circuit Judge., Before RILEY, HANSEN and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Chad R. McCabe, McCabe Law Office, Bismarck, ND, Chad Allen Mutschelknaus, Mandan, ND, for Appellant.


• For Appellees:
  
• Clare R. Hochhalter, U.S. Attorney's Office, Bismarck, ND, for Appellee.