United States v. Royle, No. 20-2143 (1st Cir. 2023)
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The First Circuit affirmed Defendant's conviction for possession of child pornography, holding that the district court did not err in denying Defendant's motion to suppress or to dismiss the indictment and that the government set forth sufficient evidence to support Defendant's conviction.
On appeal, Defendant argued, among other things, that the district court erred in denying his motion to suppress the fruits of a warrantless search of his residence and in denying his motion to dismiss the indictment due to inadequate notice of the warrantless search. The First Circuit affirmed, holding (1) assuming that the search of Defendant's home was in violation of the Fourth Amendment, the facts gathered legally provided an independent and adequate source for the warrant application; (2) the district court did not err in denying Defendant's motion to dismiss the indictment or suppress the fruits of the warrant due to insufficient notice; and (3) there was sufficient evidence to sustain Defendant's conviction under 18 U.S.C. 2252A(a)(5)(B).
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