United States v. Thomas, No. 14-1083 (2d Cir. 2015)
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Defendant pleaded guilty to the production of child pornography. On appeal, defendant challenged the denial of his motions to suppress the searches of his residence and his computer. At issue was whether a search warrant affidavit that relied upon evidence generated by an automated software program provided a substantial basis for a magistrate judge’s conclusion that there was probable cause that child pornography would be found on defendant’s computer. The court held that the affidavit at issue sufficiently established
probable cause and that defendant’s motions to suppress were properly denied. Based upon an examination of the totality of the circumstances, there existed sufficient “indicia of reliability” to permit a reasonable person to conclude that probable cause existed in these circumstances. Accordingly, the court affirmed the judgment.
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