United States v. Bosyk, No. 18-4302 (4th Cir. 2019)
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The Fourth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained under a warrant and sought under a Franks hearing. Defendant pleaded guilty to one count of receiving child pornography after he clicked on a link appearing on a secretive online message board.
The court held that the magistrate judge had a substantial basis for concluding that searching defendant's address would uncover evidence of wrongdoing. In this case, although the search relied on a "single click" of an internet link, the click was to a video of child pornography in circumstances suggesting the person behind that click plausibly knew about and sought out that content. Furthermore, the court found the warrant valid even though it was issued five months after the underlying events took place. Finally, the court noted that regardless of the warrant's validity, suppression would be inappropriate because the government obtained a warrant and reasonably relied on it to execute the search.
The court issued a subsequent related opinion or order on October 9, 2019.
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