{"id":58330,"date":"2024-07-13T11:18:22","date_gmt":"2024-07-13T16:18:22","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58330"},"modified":"2024-07-14T07:27:36","modified_gmt":"2024-07-14T12:27:36","slug":"ca4-pc-was-shown-def-was-likely-a-collector-of-cp-so-nine-month-old-information-wasnt-stale","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58330","title":{"rendered":"CA4: PC was shown def was likely a collector of CP so nine-month-old information wasn&#8217;t stale"},"content":{"rendered":"\n<p>\u201cWe are also not impressed by Sanders&#8217;s appellate contention that the facts in the Affidavit were so \u2018stale\u2019 as to negate probable cause.\u201d Nine months. \u201cHere, the Affidavit conveyed the same critical information to the magistrate judge \u2014 the person who deliberately accessed the pornographic material on the Hurt Meh website probably had a sexual interest in children and was therefore likely to be a collector of child pornography. And the evidence of such activity would be recoverable for long periods of time, even after the pornographic material had been deleted from the computer.\u201d \u201cAnd we have recognized that the \u2018staleness inquiry is unique in [the] child pornography context.\u2019 See Bosyk, 933 F.3d at 330. That is \u2014 due to (1) the tendency of individuals who intentionally access to collect child pornography, and (2) the material&#8217;s electronic nature causing evidence of collection to be recoverable long after it is deleted \u2014 search warrants can reasonably be sustained \u2018months, and even years, after the events that gave rise to probable cause.\u2019 Id. at 331 (ruling that search warrant issued five months after \u2018click\u2019 was valid).\u201d <a href=\"https:\/\/www.ca4.uscourts.gov\/opinions\/227054.p.pdf\">United States v. Sanders<\/a>, 2024 U.S. App. LEXIS 16679 (4th Cir. July 9, 2024). [No case has <em>ever <\/em>found a CP warrant stale that I could find.]<\/p>\n\n\n\n<p>\u201cHere, the district court concluded that Defendants were entitled to qualified immunity on all of Garcia&#8217;s claims because Garcia had not shown a violation of his constitutional rights. We need not address that issue because even if Garcia could show a constitutional violation, his claim would still fail because he has not shown that \u2018it was clearly established that the Fourth Amendment prohibited the officer[s&#8217;] conduct in the situation [they] confronted.\u2019 See Mullenix v. Luna, 577 U.S. 7, 13 (2015).\u201d Garcia v. Bermea, 2024 U.S. App. LEXIS 16571 (5th Cir. July 8, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cWe are also not impressed by Sanders&#8217;s appellate contention that the facts in the Affidavit were so \u2018stale\u2019 as to negate probable cause.\u201d Nine months. \u201cHere, the Affidavit conveyed the same critical information to the magistrate judge \u2014 the person &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58330\">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":[20,40,8],"tags":[],"class_list":["post-58330","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-qualified-immunity","category-staleness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58330","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=58330"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58330\/revisions"}],"predecessor-version":[{"id":58342,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58330\/revisions\/58342"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58330"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58330"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58330"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}