{"id":3763,"date":"2010-03-23T13:26:30","date_gmt":"2010-01-24T00:07:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-01-23T09:23:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3763","title":{"rendered":"CA7: Dist.Ct. erred in finding that GFE did not save CP search warrant"},"content":{"rendered":"

The District Court erred in holding that the search warrant was so lacking in indicia of probable cause that the good faith exception did not apply. There was strong indication that child pornography images were e-mailed to defendant’s e-mail account, and the fact that the wait was 18 months between the e-mail and the search warrant was not stale on its face, since CP is usually kept. Also, the police went to an AUSA to get the search warrant approved before issuance. Suppression order reversed. United States v. Pappas<\/a>, 592 F.3d 799 (7th Cir. 2010)*:<\/p>\n

In this case, Pappas argues, and the district court held, that the affidavit supporting the warrant was so lacking in probable cause that the officers could not rely upon it in good faith. We disagree. Here, the affidavit clearly documented evidence establishing that at least eleven images of child pornography had been sent to Pappas’s email account and verifying that Pappas continued to maintain email access (thus indicating continued access to a computer on which child pornography could be stored). Additionally, prior to seeking a warrant, Agent Hanson consulted with an Assistant United States Attorney. Consulting “with the prosecutor prior to applying for [a] search warrant provides additional evidence of [that officer’s] objective good faith.” United States v. Bynum, 293 F.3d 192, 198 (4th Cir. 2002). See also United States v. Johnson, 78 F.3d 1258, 1264 (8th Cir. 1996) (stating that obtaining advice of a county attorney is an indication that an officer’s reliance on a search warrant was objectively reasonable); United States v. Brown, 951 F.2d 999, 1005 (9th Cir. 1991) (noting “an officer’s consultation with a government attorney is of significant importance to a finding of good faith … [and it is] of even greater importance where, as here, a point of law relating to the scope of a Fourth Amendment search and seizure was not yet settled at the time the warrant issued “); United States v. Taxacher, 902 F.2d 867, 872 (11th Cir. 1990) (explaining that officer’s consultation “with the local district attorney before seeking the search warrant, and then submit[ting] the matter to a neutral magistrate” was “indicative of objective good faith”).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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