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Old information coupled with current information showed PC for warrant in child porn case

By John Wesley Hall, Jr.

Child porn investigation was initiated after defendant moved out of an apartment he lived in for ten years and left photographs. Most of the information the police had was ten years old, but there was a calendar left behind that indicated a current interest in similar activities of young girls at a school. The current information was enough to show probable cause. United States v. Morgan, 2008 U.S. Dist. LEXIS 64676 (E.D. Mich. August 21, 2008): Here, the totality of the circumstances convince the court that the reviewing magistrate could easily conclude that Defendant had left behind salacious materials and was the kind of person who had a long-standing affinity for pornographic images of very young females. He could reasonably conclude that probable cause existed to search Defendant's Franklin Street home for evidence of ongoing activity as reflected in the 2007 calendar mark-ups and comments...continue to full post

Full post as published by Fourth Amendment on August 27, 2008 (boomark / email).