D.Ore.: State proceedings over same search established PC for federal warrant

Probable cause for a federal child pornography warrant was established during state proceedings. The search protocol was sufficient. Failure to apprise the U.S. Magistrate Judge that a state child pornography case had venue problems was not a Franks issue for federal court. Federal court had jurisdiction over child pornography too. United States v. Storm, 2012 U.S. Dist. LEXIS 119480 (D. Ore. August 23, 2012)*:

Probable cause for the federal search warrants was established by the state investigation conducted before the state search warrant was issued, by the execution of the state search warrant, and by examination of the seized digital storage media. The search protocol in the federal warrants is almost identical to that approved in Adjani. Compare 452 F.3d 1140, 1144 (9th Cir. 2006) (“In searching the data, the computer personnel will examine all of the data contained in the computer equipment and storage devices to view their precise contents and determine whether the data falls within the items to be seized as set forth herein.” (quoting the search warrant)) with Def.’s Ex. 9 at 7 (containing identical language). Finally, the federal search warrants expressly state both the criminal conduct suspected and the relevant statutes, and the federal search warrants were sufficiently particular. Accordingly, the federal search was lawful, and Defendant’s motion to suppress is denied.