United States v. Raymonda, No. 13-4899 (2d Cir. 2015)Annotate this Case
More than nine months after someone using Raymonda’s IP address accessed thumbnail images of child pornography on the Internet, government agents obtained a search warrant for his home and discovered more than 1000 files of child pornography. The district court granted Raymonda’s motion to suppress, finding that the government’s evidence that Raymonda had accessed child pornography on a single occasion nine months earlier was too stale to establish probable cause that he would still possess illicit images at the time of the search. The Second Circuit reversed, rejecting the government’s arguments that the recognized propensity of persons interested in child pornography to collect and hoard such images supports an inference that Raymonda would still possess child pornography when the warrant was sought, but holding that, even if probable cause was lacking, the evidence should not be suppressed because the agents who executed the search relied in good faith on a warrant duly issued by a judicial officer.