S.D.Tex.: GFE applies without deciding PC (but the court actually does)

Without considering probable cause, the affidavit is not so “bare bones” that it couldn’t be relied upon. [Again, this court too subliminally decides the probable cause question while disavowing that it is doing so.] It was for child pornography and the information was more than a year old, but that’s never too old for a CP case. Defendant was known by police to frequent CP sites, and that’s enough to suggest he has it on his computer. United States v. Blyshak, 2018 U.S. Dist. LEXIS 132091 (S.D. Tex. Aug. 7, 2018).*

“In sum, there was ample evidence to support a finding of probable cause. Henry did not merely rely on an anonymous tip—he and other agents corroborated it through repeated surveillance. Although the surveilling agents did not observe identical events at the two houses, agents observed what appeared to be drug deals at both. And even so, the vehicles often traveled from one house to the other following the purported transactions, thus supporting a search of both homes. The motions will be denied.” United States v. Clements, 2018 U.S. Dist. LEXIS 132133 (E.D. Mich. Aug. 7, 2018).*

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