E.D.Mich.: Def’s alternative argument as to what SW affidavit showed doesn’t undermine PC

The defendant’s alternative argument about how the child pornography ended up on defendant’s computer didn’t undermine the probable cause for the search warrant. “The Court has already addressed Defendant’s argument that a single connection between a home computer and a URL containing child porn was an insufficient factual basis for issuing a search warrant where that URL also required a passcode to be accessed. Defendant disagrees with the reasons the Magistrate Judge and Judge O’Meara rejected this argument, and with how they applied of the fair probability standard to the information provided in the Affidavit. While Defendant’s position may have a rational basis, those grounds were considered and found unpersuasive by two judicial officers. Disagreeing with the Court’s ruling does not constitute a palpable defect that warrants granting Defendant’s Motion for Rehearing.” United States v. Evans, 2018 U.S. Dist. LEXIS 62494 (E.D. Mich. Apr. 13, 2018).

The CI related defendant was selling MDMA, heroin, and meth. The CI was corroborated by a controlled buy three days before the warrant issued. State v. Frederick, 2018 N.C. App. LEXIS 354 (Apr. 17, 2018).

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