CA7: Facts of child molestation coupled with being a Limewire subscriber was probable cause CP on computer

Defendant was suspected of sexual molestation after his girlfriend’s friend’s six year old daughter said he molested her when he was babysitting. She related that a nine year old boy was also involved. Defendant was a subscriber to Limewire and had three computers in the house. The facts of child molestation coupled with being a Limewire subscriber was probable cause, and the computers were a logical repository for it. In any event, the good faith exception applies. United States v. Clark, 668 F.3d 934 (7th Cir. 2012):

In his affidavit, Vucich did not provide an example of Michele Clark downloading child pornography; however, he did not need to do so in order to establish Clark’s sexual interest in children and connect him to the “collector” profile. Vucich’s state-law affidavit extensively described Clark’s sexual assault on his four-year-old niece. It further detailed his sexual advances on a nine-year-old boy and another six-year-old girl. In short, the affidavit documents Michele Clark’s particular, sexual attraction to children and his willingness to act on his proclivities. The affidavit thus places him at the heart of the boilerplate language to which he objects: as an individual associated with sex offenses involving minors, he likely “collect[ed] and/or view[ed] images on the computer.” See supra Part I.A.2.

Moreover, Vucich’s affidavit provided evidence that Clark used a computer—a probable repository for child pornography—as part of his advances. These details, too, provided probable cause to connect Clark to the “collector” profile and to conduct an appurtenant search. Specifically, Clark watched pornography on his computer while concurrently asking a six-year-old girl to take her clothes off. Facially, the affidavit provides probable cause to search.

. . .

In light of our conclusion that probable cause existed to search for evidence that Michele Clark collected child pornography, all that was required to authorize a search of his personal residence were facts that “allow[ed] for a reasonable inference that there [wa]s a fair probability that evidence w[ould] be found in a particular place.” See Aljabari, 626 F.3d at 944-45. We have held that in child pornography cases, an issuing judge may reasonably assume that a recipient or collector of child pornography would store that content in his home. See id. (citing Watzman, 486 F.3d at 1008). That analysis controls in this case as well: once probable cause existed to characterize Clark as a collector of child pornography, probable cause existed to extend the search to his home and personal computers.

I’ve been waiting for this to happen, and here it is. No knowledge of child pornography required if there is a logical connection. Can a reviewing court say that it is speculative that an accused child molester would have child pornography too? Based on my experience, no. Most of the people I’ve represented in child porn cases have denied sexual contact with minors, and one even passed a polygraph from the FBI after passing a private polygraph. Based on his hermit lifestyle, I believe it. Others have a fantasy or curiosity they don’t act on. The question is not “more probable than not,” so the reviewing court has to sustain the warrant if it is a reasonable conclusion. In this case, it is.