IP address sufficient basis for issuance of search warrant for the physical address where it is assigned

The defendant was believed to have sent child porn to an unwilling recipient who reported it to the authorities. A subpoena to Yahoo! revealed the owner of the IP address associated with the user account. This was sufficient justification for issuance of a search warrant for the physical address, notwithstanding the fact that others could have been using wireless at that address. The place to be searched was also a multiple occupancy unit, and the officers complied with Garrison. United States v. Perez, 2007 U.S. App. LEXIS 8366 (5th Cir. April 12, 2007):

In this case it is clear that there was a substantial basis to conclude that evidence of criminal activity would be found at 7608 Scenic Brook Drive. The affidavit presented to the magistrate included the information that the child pornography viewed by the witness in New York had been transmitted over the IP address 24.27.21.6, and that this IP address was assigned to Javier Perez, residing at 7608 Scenic Brook Drive, Austin, Texas 78736.

Perez argues that the association of an IP address with a physical address does not give rise to probable cause to search that address. He argues that if he “used an unsecure wireless connection, then neighbors would have been able to easily use [Perez’s] internet access to make the transmissions.” But though it was possible that the transmissions originated outside of the residence to which the IP address was assigned, it remained likely that the source of the transmissions was inside that residence. See United States v. Grant, 218 F.3d 72, 73 (1st Cir. 2000) (stating that “even discounting for the possibility that an individual other than [defendant] may have been using his account, there was a fair probability that [defendant] was the user and that evidence of the user’s illegal activities would be found in [defendant’s] home”) (emphasis in original). “[P]robable cause does not require proof beyond a reasonable doubt.” Brown, 941 F.2d at 1302. Perez also argues that evidence that illicit transmissions were made does not give rise to probable cause that physical evidence would be located at the residence. However, the New York witness stated that the images she observed appeared to be videos played on a television screen transmitted via a web cam. There was therefore a basis to believe that the suspect would have such videos in his residence. Moreover, Britt stated in his affidavit that, in his experience, persons interested in child pornography typically retain numerous images of child pornography as well as “material documenting the arrangements, the introduction, and tasks to consummate the acquisition of child pornography.” Based on this information, there was probable cause to believe that physical evidence of violations of the child pornography laws would be located at 7608 Scenic Brook Drive.

Search warrant was validly issued on the co-conspirator’s statement that she saw meth ingredients in defendant’s house. United States v. McAtee, No. 06-1698 (8th Cir. April 12, 2007):

The affidavit exhibits several indicia of reliability. First, it is notable that the information did not come from an anonymous or confidential informant. See Reivich, 793 F.2d at 959. Second, Jodie had just been observed purchasing large quantities of pseudoephedrine, thus, “the question was not whether a crime was being committed, but only where and by whom.” Id. Third, the statements by Jodie that she had been given methamphetamine and that illegal activity was most likely occurring in her home are statements against her own penal interest, which lends credibility to her statements. See United States v. Harris, 403 U.S. 573, 583-84 (1971). Fourth, Jodie’s statements consisted of detailed and specific allegations regarding materials she had seen in her home as well as actions by McAtee. As the Supreme Court has noted, the “explicit and detailed description of alleged wrongdoing, along with a statement that the event was observed firsthand, entitles [the] tip to greater weight than might otherwise be the case.” Gates, 462 U.S. at 234.

Considering all of the circumstances regarding Jodie’s statements to the police, there was probable cause for searching her home.