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Second Circuit Finds Lack of Probable Cause in Child Porn Warrant

By Corey Rayburnyung

The Second Circuit, in United States v. Falso held that a child porn search warrant did not show probable cause under the Circuit's precedent. From the opinion: Absent any allegation that Falso accessed the cpfreedom.com website, and with little or no weight attaching to his prior conviction, the question remains whether other allegations in the affidavit, considered as a whole, support a finding of probable cause. Generalized allegations about: (1) the propensity of collectors of child pornography to intentionally maintain illegal images; (2) law enforcement's ability to retrieve such images from a computer; and (3) the ability to view child pornography on the cpfreedom.com website, fail to establish the requisite nexus of illegal activity to Falso...continue to full post

Full post as published by Sex Crimes on October 09, 2008 (boomark / email).