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D.Del.: Affidavit for child porn SW did not have to describe the sex acts

By John Wesley Hall, Jr.

The government showed probable cause for the search warrant for defendant’s computer at a business based on tips from two CIs that included a reference to defendant traveling to the Philippines where he allegedly obtained child pornography and the State Department confirmed his travel there and the CIs having seen child porn on defendant’s computer. It was not required that the specific sex acts be described. United States v. Pavulak, 2009 U.S. Dist. LEXIS 110883 (D. Del. November 30, 2009): With respect to defendant's contention that the descriptions of the images were insufficient to establish probable cause that defendant was violating state child pornography laws because there are no allegations of nudity, sexual contact, or lascivious exhibition of the genitals or pubic area, the court finds that the totality of the circumstances still provided a substantial basis for the judge's finding of probable cause...continue to full post

Full post as published by Fourth Amendment on December 02, 2009 (boomark / email).