In a child pornography case, the affidavit for the search warrant described a child being made to watch \u201cpornography.\u201d If it is adult pornography, it is relevant to \u201cgrooming\u201d a child for sex and would be a proper subject of a search. Also, a Franks challenge fails because nothing that was allegedly omitted would detract from the probable cause. United States v. Clark, 2011 U.S. Dist. LEXIS 37863 (S.D. Ill. April 7, 2011):<\/p>\n
The affidavit need not be considered with the omitted material included, but even with that information, there was probable cause to issue a search warrant. Mr. Clark protests the breadth of the warrant, alleging: (1) there was no nexus between the alleged sexual assault at 3952 Torch Club Road and his residence at 3022 Glenwood; and (2) there was no probable cause that child pornography would be found. \u201c[A] finding of probable cause does not require direct evidence linking a crime to a particular place,\u201d but there are, in fact, connections to 3022 Glenwood here. … The potentially incriminating \u2018apology\u2019 text was likely sent from Mr. Clark\u2019s home computer. The existence of any pornography on Mr. Clark\u2019s computers was relevant, as pornography can be indicative of \u2018grooming\u2019 a child for sexual assault\u2014especially in this instance where a child reported that Mr. Clark showed her pornography before telling her to disrobe. It is fairly probable that Mr. Clark\u2019s apparent proclivity for using live children for his sexual gratification makes him more likely to possess graphic depictions of children for his sexual gratification. Detective Vucich averred that there is often a connection between sexual offenses and possession of child pornography. Moreover, Mr. Clark is suspected of possessing child pornography during the October 2008 investigation. Detective Vucich averred that possessors of child pornography often hoard their collections over long periods of time, so it was probable that Mr. Clark had child pornography at his new address.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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