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S.D.N.Y.: Child porn warrant lacked PC, but GFE saved it

By John Wesley Hall, Jr.

Under law at the time the SW was issued, the description "child pornography" without a reference to "lascivious"ness was fatal in the S.D.N.Y. as a lack of PC for the CP. However, the good faith exception applied and the search warrant would not be suppressed. United States v. Voustianiouk, 2009 U.S. Dist. LEXIS 67642 (S.D. N.Y. August 3, 2009).* A Rule 41(g) motion does not require that the search be illegal. Here, the property was alleged by the government to be stolen property, so his motion is denied until ownership is resolved. United States v. Johnson, 2009 U.S. Dist. LEXIS 67233 (W.D. Ky. August 3, 2009): Rule 41(g) states that "[a] person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return...continue to full post

Full post as published by Fourth Amendment on August 06, 2009 (boomark / email).