W.D.N.Y.: Independent source rule satisfied; illegal entry didn’t factor into SW

There was an illegal entry, but the police had probable cause already, and the search warrant affidavit didn’t include a word of it. Therefore, the first prong of the independent source doctrine was satisfied. As to the second, the investigation was well under way and the search didn’t prompt the search warrant. United States v. Brooks, 2016 U.S. Dist. LEXIS 88215 (W.D.N.Y. July 7, 2016).*

A delay of 37 days between information gathering and a search warrant application in a child pornography case is hardly stale, given that this circuit has approved a delay of five years. “To support probable cause, an affidavit need not explain in detail the technological underpinnings of the belief that child pornography will be recoverable from an individual’s computer. … Similarly, the affidavit need not specifically allege that child pornography offenders tend to keep, rather than delete or discard, their collection of images. … There must, however, be some factual basis indicating the target individual’s involvement in a child pornography offense before it can be assumed that he may be hoarding a collection on his computer that will remain recoverable for an extended period.” United States v. Roberts, 2016 U.S. Dist. LEXIS 87183 (S.D.Ind. July 6, 2016).*

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