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CA6: Being a suspected child molestor does not mean there is probable cause to believe there is child pornography at home

By John Wesley Hall, Jr.

A case Lexis didn't send to me, but reported by a colleague: Defendant's being an alleged child molester in an interstate traveler case did not give probable cause to believe that child pornography would be found in his house. Even Leon did not save it. United States v. Hodson, 2008 U.S. App. LEXIS 20240, 2008 FED App. 0348P (6th Cir. September 19, 2008): We opined in United States v. Adkins, 169 F. App'x 961, 967 (6th Cir. 2006), that "[s]tanding alone, a high incidence of child molestation by persons convicted of child pornography crimes may not demonstrate that a child molester is likely to possess child pornography." We adhere to that view and conclude that it was unreasonable for the magistrate judge in this case, when confronted with the request for the warrant, to infer such a nexus without further evidence to support that inference...continue to full post

Full post as published by Fourth Amendment on October 24, 2008 (boomark / email).