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E.D. Ky.: Six month old information was not stale in child pornorgraphy investigation

By John Wesley Hall, Jr.

Six month old information was not stale in a child porn investigation. United States v. Smither, 2009 U.S. Dist. LEXIS 17231 (E.D. Ky. March 6, 2009). There are four factors: The first factor considers whether the crime at issue is a one-time occurrence or part of ongoing criminal activity. The Sixth Circuit has recognized that information suggesting "ongoing criminal activity" is more durable that information of discreet offenses. United States v. Greene, 250 F.3d 471, 481 (6th Cir. 2001). Here, the affidavit contained information that the defendant traded child pornography on eight occasions. This is sufficient to suggest that the offense was ongoing especially given the nature of the criminal activity. ... The second factor addresses whether the suspected criminal is "nomadic" or "entrenched...continue to full post

Full post as published by Fourth Amendment on March 11, 2009 (boomark / email).