D.Kan.: Nexus for child porn search shown by IP address and documentary evidence linking defendant to buying off a child porn website in Russia

Defendant was accused of buying child pornography from a Russian company called CP Company and sending money through Western Union. The government identified numerous people, but targeted nine by the dollar amounts of purchases which came from one of the company’s websites. While the IP address was linked to defendant, it was not to an address. When this was added to the Western Union money orders and an address, that was probable cause and nexus to defendant’s house. United States v. Roach, 2011 U.S. Dist. LEXIS 120446 (D. Kan. October 18, 2011).*

The court credits the officers’ testimony that the stop was justified, and the evidence is uncontroverted that defendant consented to the search. United States v. Traylor, 2011 U.S. Dist. LEXIS 120129 (D. Nev. August 30, 2011).*

The stop of defendant lacked reasonable suspicion or probable cause, so the seizure of evidence from the car was invalid. The officer’s testimony was that he stopped the defendant for ignoring a traffic signal at the intersection in his report when it was undisputed that there was no traffic signal there. United States v. Nelson, 2011 U.S. Dist. LEXIS 120765 (D. Nev. September 27, 2011),* affd 2011 U.S. Dist. LEXIS 120684 (D. Nev. October 17, 2011) (government did not even object).