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W.D.Pa.: Direct evidence computer was used for child porn not required if inference is there

By John Wesley Hall, Jr.

The police developed probable cause to believe that defendant was taking pictures of his 12 year old daughter in the nude. They got a search warrant for his computer for the pictures, but there was no statement in the affidavit of how the pictures would have gotten to the computer or direct knowledge they were there. Nevertheless, probable cause was shown because that was a logical inference. United States v. Wise, 2010 U.S. Dist. LEXIS 35538 (W.D. Pa. April 6, 2010)*: After consideration of the affidavit and the normal inferences that can be drawn from the affidavit, we conclude that a there was a substantial basis for the magistrate to believe that evidence of child pornography sought in the warrant would be found on Defendant's computer...continue to full post

Full post as published by Fourth Amendment on April 15, 2010 (boomark / email).