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M.D.Pa.: Solicitation of underage female to come to house for partially unclothed picture taking was probable cause

By John Wesley Hall, Jr.

Defendant solicited an underage girl to come to his house for potentially nude picture taking, and this was sufficient probable case for issuance of a search warrant for the house for evidence of attempted production of child pornography. United States v. Davies, 2010 U.S. Dist. LEXIS 76778 (M.D. Pa. July 29, 2010)*: This case is more like Vosburgh than Zimmerman. As in Vosburgh, the affidavit of probable cause set forth facts that would make it fairly probable, considering the totality of the circumstances, that evidence of attempted possession of child pornography in violation of 18 U.S.C. § 2252 would be found in Defendant's home. Defendant engaged in explicit online discussions with the agent, said he wanted to take pictures of her on his pool table, asked her to take off her hoodie and shirt in subsequent photographs, and then gave her his address...continue to full post

Full post as published by Fourth Amendment on July 31, 2010 (boomark / email).