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CA7: Dist.Ct. erred in finding that GFE did not save CP search warrant

By John Wesley Hall, Jr.

The District Court erred in holding that the search warrant was so lacking in indicia of probable cause that the good faith exception did not apply. There was strong indication that child pornography images were e-mailed to defendant's e-mail account, and the fact that the wait was 18 months between the e-mail and the search warrant was not stale on its face, since CP is usually kept. Also, the police went to an AUSA to get the search warrant approved before issuance. Suppression order reversed. United States v. Pappas, 2010 U.S. App. LEXIS 1271 (7th Cir. January 21, 2010)*: In this case, Pappas argues, and the district court held, that the affidavit supporting the warrant was so lacking in probable cause that the officers could not rely upon it in good faith...continue to full post

Full post as published by Fourth Amendment on January 24, 2010 (boomark / email).