United States v. Notman, No. 15-2770 (8th Cir. 2016)
Annotate this CaseDefendant appealed the denial of his motion to suppress, after pleading guilty to one count of possession of child pornography. The court concluded that information about defendant’s prior child pornography conviction, and his use of a computer to purchase or download images of nude minors from the Toronto Company, even though several years old at the time of the application, was relevant to a common sense determination about whether to issue the warrant and whether there was sufficient information to establish a fair probability that child pornography would be found at defendant’s home. Therefore, the court concluded that the information was sufficient to establish probable cause, and the district court did not err in denying the motion to suppress. Even if probable cause to issue the search warrant was lacking, the Leon good-faith exception applies here. The court also concluded that the district court did not abuse its discretion when it imposed the computer and Internet supervised release restrictions, and in imposing the camera and video recording restriction. Accordingly, the court affirmed the judgment.
Court Description: Erickson, Chief District Judge, Author, with Smith and Colloton, Circuit Judges] Criminal Case - suppression - supervised release conditions. Even though information about defendant's prior child pornography conviction and his use of computer to purchase or download images was several years old when search warrant was issued, the information was sufficient to establish probable cause and the district court did not err in denying motion to suppress. Even if probable cause was lacking, the Leon good faith exception applies. The district court did not abuse its discretion in imposing a condition of supervised release that prohibits defendant from possessing a camera or video recording device or a computer without prior approval of the probation officer, as the condition was not a total ban and defendant did more than possess child pornography.
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