United States v. Tanguay, No. 14-1174 (1st Cir. 2015)
Annotate this CasePursuant to a warrant to search Appellant’s home, vehicle, and workplace, the police seized a computer, hard drive, and compact disc that were found to contain sexually explicit images and videos depicting minors. Appellant was subsequently charged with one count of possession of child pornography. Appellant moved to suppress the evidence seized during the search, asserting that the officer who applied for the search warrant had deliberately or recklessly omitted material information from her affidavit. The district court denied the motion to suppress, concluding that an officer seeking to obtain a search warrant has no duty as a matter of law to inquire further in order to dispel serious doubts about either the credibility of an informant upon whom the officer relies or the veracity of the allegations underlying the attempted showing of probable cause. The First Circuit remanded the case, holding that the district court erred in ruling as a matter of law that an affiant never has a duty to make further inquiry before presenting a warrant application to a magistrate.
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