E.D.Va.: No evidence defendant “is a collector of child pornography,” so no PC; remanded for factual determination of GFE

The government did not show probable cause to believe that child pornography was on defendant’s electronic devices. The officer’s experience is one thing, but no facts suggest that defendant “is a collector of child pornography.” The record is inadequate to determine whether the good faith exception should apply, and a hearing will be scheduled. United States v. Lipscomb, 2019 U.S. Dist. LEXIS 118365 (E.D. Va. July 16, 2019),* later opinion United States v. Lipscomb, 2019 U.S. Dist. LEXIS 146767 (E.D. Va. Aug. 28, 2019) (reported here) (GFE shown outside the four corners of the affidavit).

“This is a child-exploitation case. Principally at issue is whether agents exceeded the scope of a warrant authorizing the search of a ‘residence’ when they searched a ‘shed-like structure’ on the property but not mentioned in the warrant. The Court holds that they did not and that, in any event, the good-faith exception controls.” United States v. Babin, 2019 U.S. Dist. LEXIS 118357 (M.D. La. July 16, 2019).*