United States v. Wenzel, No. 16-1323 (7th Cir. 2017)Annotate this Case
The Seventh Circuit affirmed denial of defendant’s motion to suppress evidence gathered pursuant to search warrants executed on his home. Defendant cared for young children at his Wisconsin home. After a parent reported to the Rock County Sheriff that she had found a video camera concealed in the bathroom of defendant’s house, officers discovered that he was on the sex‐offender registry and applied for a search warrant. The supporting affidavit listed several categories of items the detective believed could be found in connection with hidden‐camera recordings, indicating that defendant had violated Wis. Stat. 942.09, “Representations depicting nudity.” About a week after the initial search, officers requested a follow‐on search warrant for evidence of child pornography, supported by evidence gathered during the initial search. On the basis of evidence collected from those searches, defendant was charged with unlawfully creating child pornography (18 U.S.C. 2251(a)). After denial of a motion to suppress, defendant pleaded guilty, reserving his right to appeal that denial, and was sentenced to 25 years’ incarceration. The district court found, and the Seventh Circuit agreed, that the warrant was supported by probable cause, was not overly broad, and in any case was subject to the good‐faith exception.