Defendant solicited an underage girl to come to his house for potentially nude picture taking, and this was sufficient probable case for issuance of a search warrant for the house for evidence of attempted production of child pornography. United States v. Davies, 2010 U.S. Dist. LEXIS 76778 (M.D. Pa. July 29, 2010)*:<\/p>\n
This case is more like Vosburgh<\/a> than Zimmerman<\/a>. As in Vosburgh<\/a>, the affidavit of probable cause set forth facts that would make it fairly probable, considering the totality of the circumstances, that evidence of attempted possession of child pornography in violation of 18 U.S.C. \u00a7 2252 would be found in Defendant’s home. Defendant engaged in explicit online discussions with the agent, said he wanted to take pictures of her on his pool table, asked her to take off her hoodie and shirt in subsequent photographs, and then gave her his address. Therefore, there was sufficient evidence to give rise to probable cause to believe that Defendant attempted to produce and\/or possess child pornography. This case is distinguishable from Zimmerman<\/a>, where there was no evidence that the defendant had ever possessed or attempted to possess child pornography at any time. Thus, the warrant was issued on probable cause.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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