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).*

“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).*

This entry was posted in Good faith exception, Probable cause, Scope of search. Bookmark the permalink.

Comments are closed.