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CA11: Failure to include finding IP address to defendant's link to CP not fatal to warrant

By John Wesley Hall, Jr.

The government’s failure to provide a link between an IP address to defendant’s alleged access to child pornography, otherwise sufficiently shown for probable cause under Gates, was enough for the warrant to at least satisfy the good faith exception. United States v. Vanbrackle, 2010 U.S. App. LEXIS 19748 (11th Cir. September 23, 2010) (unpublished): We agree with the district court that the good faith exception to the exclusionary rule applies to the affidavit underlying the search warrant of Vanbrackle’s residence. First, the affidavit was not “so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.” See Martin, 297 F.3d at 1313. To the contrary, it was reasonable for Agents Blackwell and Witrick to believe that the information contained in the affidavit was sufficient to support a finding of probable cause that evidence of the unlawful receipt of child pornography would be found at Vanbrackle’s residence...continue to full post

Full post as published by Fourth Amendment on September 27, 2010 (boomark / email).