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United States Ninth Circuit


US v. Kelley, 05-10547

In a prosecution for possession of child pornography, grant of a motion to suppress evidence obtained in computer searches is reversed where: 1) the totality of the circumstances allowed for a reasonable inference from facts set out in an affidavit that defendant was not an accidental recipient of emails with attachments containing illicit child pornography; and 2) consequently, a warrant was supported by probable cause and evidence obtained pursuant to it should not have been suppressed.

Appellate Information

  • Argued 10/20/2006
  • Decided 03/01/2007
  • Published 03/01/2007

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Court

  • United States Ninth Circuit

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