Old information coupled with current information showed PC for warrant in child porn case

Child porn investigation was initiated after defendant moved out of an apartment he lived in for ten years and left photographs. Most of the information the police had was ten years old, but there was a calendar left behind that indicated a current interest in similar activities of young girls at a school. The current information was enough to show probable cause. United States v. Morgan, 2008 U.S. Dist. LEXIS 64676 (E.D. Mich. August 21, 2008):

Here, the totality of the circumstances convince the court that the reviewing magistrate could easily conclude that Defendant had left behind salacious materials and was the kind of person who had a long-standing affinity for pornographic images of very young females. He could reasonably conclude that probable cause existed to search Defendant’s Franklin Street home for evidence of ongoing activity as reflected in the 2007 calendar mark-ups and comments. He could conclude that evidence of the identity of one or more of the girls photographed in Ohio with the genitals (or genital areas) exposed might be located and secured.

Deference is afforded to a magistrate’s determination of probable cause, and will only be reversed if arbitrarily exercised. Allen, 211 F.3d at 973. Given the facts outlined above, the magistrate had, at least, “a substantial basis for … concluding that a search would uncover evidence of wrongdoing.” Id. (alterations and quotations omitted). The determination was not arbitrary. The search warrant was validly approved.