{"id":5030,"date":"2010-12-26T08:48:39","date_gmt":"2010-12-27T00:16:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-26T08:48:39","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5030","title":{"rendered":"W.D.Ky.: Including CP in internet sting SW lacked PC and GFE did not apply"},"content":{"rendered":"

An internet predator sting developed information on defendant soliciting a child for sex. When the police got a search warrant for his computer for evidence of solicitation they included child pornography. Under United States v. Hodson<\/a>, the search warrant was overbroad for lack of probable cause for child pornography. The good faith exception does not apply. United States v. Underwood, 2010 U.S. Dist. LEXIS 134534 (W.D. Ky. October 18, 2010):<\/p>\n

Hodson<\/a> remains good law in this circuit and has not been overruled or otherwise abrogated by subsequent published appellate case law. A number of decisions from federal appellate and trial courts, however, have distinguished Hodson based on its facts.8 But no meaningful distinction can be made under the facts of this case. Here, Det. Jackman in his affidavit included no references to the transmission of pornographic or sexually explicit images from Defendant Underwood, nor did Jackman make reference to the repeated requests for such images by Underwood. Jackman’s affidavit is similar in all material respects to the affidavit of KSP Det. Pickrell with the relatively minor distinction that Jackman applied for his search warrant within approximately 30 days after his final online exchange with the Defendant, whereas approximately three months passed between kidlatino12’s last conversation with Hodson and Det. Pickrell’s search warrant application on Jan. 19, 2006. Hodson, 543 F.3d at 287. Otherwise, both affidavits suffer the exact same defect — each sets forth probable cause for one crime (sexual solicitation of a minor) in the warrant application while requesting authorization to search for evidence of a separate crime (possession of child pornography) and receiving authorization through the warrant to search only for evidence of the crime of child pornography.<\/p>\n

The Court in such circumstances must agree with the panel in Hodson<\/a> that not only does the Jackman affidavit fail to establish probable cause to conclude that child pornography would be found in Underwood’s home on March 28, 2008, but also that no objectively reasonable police officer could rely upon such a search warrant in good faith to search for child pornography. The Government does not argue otherwise insofar as Hodson<\/a> is concerned.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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