United States v. McLamb, No. 17-4299 (4th Cir. 2018)Annotate this Case
The Fourth Circuit affirmed the district court's denial of defendant's motion to suppress evidence of child pornography contained on a hard drive recovered at his home. Defendant challenged the warrant allowing the FBI to deploy the Network Investigative Technique (NIT) to locate users accessing a child pornography website. The court held that even if the warrant was unconstitutional, the district court properly denied defendant's motion to suppress because the Leon good faith exception applied. In this case, there was no indication that the magistrate judge wholly abandoned its judicial role, or that the affidavit lacked an indicia of probable cause, or that the FBI agent mislead the magistrate judge with falsehoods or reckless disregard for the truth. The agent detailed the investigatory difficulties posed by the dark web and devoted several pages to explaining the NIT's mechanism.