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Criminal Law

: Fourth Amendment

Circumstantial probable cause was sufficient in child porn case

By John Wesley Hall, Jr.

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Probable cause in this child pornography case was circumstantial and based on comments by a child molestation victim about defendant's concern about his computer and the officer's general knowlege of that child molesters often have child porn. People v. Nicholls, 2008 Cal. App. LEXIS 153 (3d Dist. January 30, 2008).* Officer had probable cause to arrest from traffic violation, smell of alcohol, slurred speech, and failed HGN test. Sultan v. State, 2008 Ga. App. LEXIS 100 (January 30, 2008).* Traffic stop was based on unsafe tires, and that permitted further questions about the ownership of the vehicle. Woodard v. State, 2008 Ga. App. LEXIS 101 (January 30, 2008).* Random license check showed license to belong to a different color vehicle, so officer pulled car over to check on validity of the license plate...continue to full post

Full post as published by Fourth Amendment on January 31, 2008 (boomark / email).

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