{"id":6288,"date":"2012-01-19T18:26:10","date_gmt":"2011-11-18T14:42:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-11-18T14:42:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6288","title":{"rendered":"CA8: 9 months not too stale in child abuse and child porn case"},"content":{"rendered":"<p>Officers had a search warrant for evidence of child sexual abuse and possible child pornography involving defendant\u2019s father. During the search, officers saw things that revealed another possible child porn crime, and they got a second search warrant for digital media they found. In searching that, they found evidence of defendant\u2019s making child pornography. The warrant was based on nine month old information, and it was not stale since it was likely that the items sought would still be there because of their enduring value to the possessor. Seizure of items in plain view was also justified since the warrant made them lawfully on the premises. <a href=\"http:\/\/www.ca8.uscourts.gov\/opndir\/11\/11\/111343P.pdf\">United States v. Darr<\/a>, 661 F.3d 375 (8th Cir. 2011).*<\/p>\n<p>\u201cReasonable and prudent\u201d is not unconstitutionally vague in the Kansas following too close statute. Viewing the video of the stop, it was apparent that the officer, too, was impatient with the length of time it was taking to get information back, so he did not lengthen the stop. The video also confirmed that the consent was voluntary. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/10\/10-3266.pdf\">United States v. Hunter<\/a>, 663 F.3d 1136 (10th Cir. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=6288\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6288","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6288","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6288"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6288\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6288"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6288"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6288"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}