Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA3: Affidavit as a whole showed PC for CP, but just barely

By John Wesley Hall, Jr.

It is better to attach pictures or something to the affidavit for a child pornography to show that the officer actually saw it to support the request for a search warrant. The affidavit for this search warrant did not clearly indicate that the officer saw the child pornography images, but the affidavit as a whole indicates that their was child pornography in defendant’s computer, and that was barely enough. United States v. Miknevich, 2011 U.S. App. LEXIS 3824 (3d Cir. March 1, 2011): Thus, our review of the affidavit leaves a clear impression: the state magistrate was presented with an affidavit that provided no factual details regarding the substance of the images in question. Although either the actual production of the images, or a sufficiently detailed description of them, satisfies the Fourth Amendment’s probable cause requirement, an insufficiently detailed or conclusory description cannot...continue to full post

Full post as published by Fourth Amendment on March 03, 2011 (boomark / email).