The omitted facts from the affidavit for defendant\u2019s child pornography search warrant had no bearing on the probable cause determination, so the Franks challenge fails. Defendant\u2019s claim that the affidavit\u2019s reference to two successful downloads of child pornography was false when there was one full video download and a partial download also does not show materiality. Six months is not stale in child pornography cases. F.R.Crim.P. 41(e)(2)(B) is not unconstitutional in all its applications because it permits an off-site forensic search of defendant\u2019s computers after the expiration date of the execution of the warrant. \u201cMoreover, Mr. Duggar cannot show that he was prejudiced by any delay; the devices remained in law enforcement’s safe keeping throughout this time period, and the probable cause warranting the initial seizure of the devices remained viable through the date of indictment. Accordingly, the Court will not suppress any evidence discovered during the forensic search of Mr. Duggar’s seized electronic devices.\u201d United States v. Duggar, 2021 U.S. Dist. LEXIS 200209 (W.D.Ark. Oct. 18, 2021).<\/p>\n\n\n\n
Defendant\u2019s guilty plea waived his search claim. A court imposed probation search waiver condition has to be reasonable in this state, but that claim is waived by the plea, too. Commonwealth v. Bowen<\/a>, 2021 Va. App. LEXIS 183 (Oct. 14, 2021) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":" The omitted facts from the affidavit for defendant\u2019s child pornography search warrant had no bearing on the probable cause determination, so the Franks challenge fails. Defendant\u2019s claim that the affidavit\u2019s reference to two successful downloads of child pornography was false … Continue reading