United States Ninth Circuit

The district court erred in granting defendant's suppression motion of 3,400 electronic images and 632 electronic videos of commercial child pornography found pursuant to a warrant authorizing an electronic search of all of the defendant’s computer equipment and digital storage devices, where: 1) because there was a fair probability that evidence of child pornography would be found on the defendant's computer system, the underlying facts supported a finding of probable cause; 2) the warrant was not overbroad and did not raise the risks inherent in over-seizing; and 3) the absence of precautionary search protocols was not fatal here.

Appellate Information

• Decided 09/18/2013
• Published 09/18/2013

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel