United States v. Norris, No. 17-10354 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed defendant's conviction for distribution and possession of material involving the sexual exploitation of minors. Because there was no physical intrusion into defendant's residence when FBI agents used wireless tracking software to detect the signal strength of the address of defendant's wireless device, the panel applied the Katz test in holding that the agents did not engage in a search under the Fourth Amendment. The panel held that defendant lacked any expectation of privacy in the emission of the signal strength of the MAC address emanating from outside his apartment. Furthermore, even if defendant harbored a subjective expectation of privacy, that expectation was not one society was prepared to recognize as reasonable.
The panel held that the district court did not err in denying defendant’s request for a Franks hearing, because defendant did not present any evidence that the agent acted knowingly, intentionally, or with reckless disregard for the truth in preparing the affidavit. The court also held that none of the alleged false statements or omissions materially affected the probable cause determination.