{"id":55979,"date":"2023-10-03T14:25:38","date_gmt":"2023-10-03T19:25:38","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55979"},"modified":"2023-10-03T14:25:38","modified_gmt":"2023-10-03T19:25:38","slug":"ca2-cp-download-8-mo-before-sw-at-least-saved-by-gfe-if-no-pc","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=55979","title":{"rendered":"CA2: CP download 8 mo. before SW at least saved by GFE if no PC"},"content":{"rendered":"\n<p>A single download of child pornography eight months before the warrant was sought was at least supported by the good faith exception even if there wasn\u2019t probable cause. <a href=\"https:\/halitea2.uscourts.gov\/decisions\/isysquery\/a2bbf48c-958e-401b-b021-6450fd1300f6\/10\/doc\/22-1637_so.pdf#xml=https:\/\/ww3.ca2.uscourts.gov\/decisions\/isysquery\/a2bbf48c-958e-401b-b021-6450fd1300f6\/10\/hilite\/\">United States v. Pratt<\/a>, 2023 U.S. App. LEXIS 25977 (2d Cir. Oct. 2, 2023). (It wouldn&#8217;t have been stale anyway. No case anywhere supports that conclusion.)<\/p>\n\n\n\n<p>Defendant\u2019s 2255 is denied. He alleges video that was seized had been tampered with, and defense counsel was ineffective for not seeking suppression on that ground. Except that would not have led to suppression. That\u2019s all a trial issue. The evidence was properly seized under inevitable discovery. Lopez-Casillas v. United States, 2023 U.S. Dist. LEXIS 176003 (D. Utah Sep. 29, 2023).*<\/p>\n\n\n\n<p>Defendant\u2019s admission he had a gun in his backpack \u201csupplied the police with all the probable cause they need to search inside the backpack and retrieve said handgun, which is exactly what they did.\u201d State v. Register, 2023 Del. Super. LEXIS 787 (Sep. 26, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A single download of child pornography eight months before the warrant was sought was at least supported by the good faith exception even if there wasn\u2019t probable cause. United States v. Pratt, 2023 U.S. App. LEXIS 25977 (2d Cir. Oct. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=55979\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[124,11,68,20,8],"tags":[],"class_list":["post-55979","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-good-faith-exception","category-inevitable-discovery","category-probable-cause","category-staleness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55979","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=55979"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55979\/revisions"}],"predecessor-version":[{"id":55980,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55979\/revisions\/55980"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55979"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55979"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55979"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}