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Search Warrant Not Stale, Supported by Probable Cause

By Shari Allison

US v. Potts, -- F.3d --, 2009 WL 3806681 (10th Cir. 11/16/09) - search warrant affidavit established probable cause to believe child porn would be found at Mr. Pott's residence. Witness who made report seemed credible and affidavit information was not stale by standards Tenth has endorsed in child porn cases. Possessors of child porn are likely to hoard it and keep it for significant periods of time. There was probable cause to believe that Mr. Potts kept images at home, rather than at the elementary schools where he taught. And even if warrant was overbroad by failing to state with particularity the items to be searched on the computer, evidence was admissible based on officers' objective reasonableness in limiting their search to materials connected to child porn when they executed the warrant.continue to full post

Full post as published by Tenth Circuit Blog on November 17, 2009 (boomark / email).