Unted Smith v. Pavulak, No. 11-3863 (3d Cir. 2012)
Annotate this CaseDelaware State Police obtained search warrants for Pavulak’s email account and workplace after receiving information that he was viewing child pornography on his workplace computers. Evidence was seized, he was convicted of possessing, 18 U.S.C. 2252A(a)(5)(B), and attempting to produce child pornography, 18 U.S.C. 2251(a) and (e), attempting to entice a minor, 18 U.S.C. 2422(b), and committing crimes related to his status as a sex offender, 18 U.S.C. 2250(a). The district court sentenced him to life imprisonment on the attempted-production conviction and to 120 months’ imprisonment on the remaining counts. The Third Circuit affirmed, rejecting a claim that the evidence should have been suppressed. The warrants were supported by an affidavit that pointed to Pavulak‘s prior child-molestation convictions and labeled the images, which had been reported by informants, simply as child pornography. No further details concerning the images content appeared in the affidavit, which was, therefore, insufficient to establish probable cause for child pornography, but the officers reasonably relied on the warrants in good faith.
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