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D.Minn.: Seven month old information in a CP case is not stale

By John Wesley Hall, Jr.

Because child pornography is unlikely to be quickly discarded by a recipient, a seven month delay in obtaining the search warrant was not stale. United States v. Freeman, United States v. Freeman, 2010 U.S. Dist. LEXIS 115074 (D. Minn. May 13, 2010) (R&R), adopted 2010 U.S. Dist. LEXIS 114911 (D. Minn. October 28, 2010)* [This is common in affidavits for CP SWs. I’ve represented two where some of the material was more than ten years old, and one had a collection dating back well before personal computers.] Defendant who does not stop has no Fourth Amendment claim. Even so, the officer had reasonable suspicion. United States v. Slaughter, 2010 U.S. Dist. LEXIS 114666 (E.D. Mo. October 13, 2010). The defendant’s computer was sent in by him for repair, and the repair technician saw child pornography and on it and reported it...continue to full post

Full post as published by Fourth Amendment on November 01, 2010 (boomark / email).