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792 529 FEDERAL SUPPLEMENT, 2d SERIES

element of the receipt offense, i.e., that the
two images with the LS Models logo em- UNITED STATES of America
bossed on them traveled through inter-
state commerce, the Court also finds that v.
the government proved the jurisdictional Samuel Jason DIAZ.
element of the possession offense, under
Section 2252(a)(4)(B), beyond a reasonable Criminal No. B–07–608.
doubt.
United States District Court,
As the Court finds that the government S.D. Texas,
met its burden of proof on the first juris- Brownsville Division.
dictional nexus, it is unnecessary to discuss
the second way in which the government Dec. 20, 2007.
could meet the jurisdictional element. The
Background: In child pornography prose-
Court notes, however, that because the
cution, defendant moved to suppress evi-
jurisdictional element is so similar to that
dence seized in search of his home.
in Section 2251(a), this discussion would
parallel the above discussion of the juris- Holdings: The District Court, Andrew S.
dictional components of Defendant’s pro- Hanen, J., held that:
duction offenses. See supra III, B. (1) affidavit describing defendant’s paid
subscription to child pornography web-
IV. CONCLUSION
site provided probable cause to search
The Court finds, beyond a reasonable his home, and
doubt, that the government met its burden
of proving the jurisdictional elements for (2) good-faith exception applied, assuming
each of the counts in the indictment. As that affidavit did not provide probable
stated previously, Defendant orally stipu- cause.
lated to every other element of each of Motion denied.
these offenses, and the Court accepted this
stipulation. (Trial Tr.) Additionally, after
the Court overruled Zimmerman’s jurisdic- 1. Searches and Seizures O40.1
tional challenge and determined that the
government proved the jurisdictional ele- Search must be supported by proba-
ments of each offense, Zimmerman offered ble cause particularized with respect to the
a plea of no contest to each count of the person. U.S.C.A.Const.Amend. 4.
indictment.21 (Trial Tr.) The Court ac-
2. Arrest O63.4(2)
cepted this plea and thereby found Defen-
dant Zimmerman guilty of all four counts Searches and Seizures O40.1, 113.1
charged in the indictment. Probable cause is a fluid concept-turn-
ing on the assessment of probabilities in

, particular factual contexts, not readily, or
even usefully, reduced to a neat set of
legal rules. U.S.C.A.Const.Amend. 4.

21. The Court notes that even absent the stipu- do so because Defendant chose to plead no
lation, the government put forth enough evi- contest once the Court found that the govern-
dence to prove Defendant guilty of all four ment proved the jurisdictional elements of
counts. The Court would have found Defen- each offense.
dant guilty of each count, but did not need to

4. Criminal Law O394. Cogdell Law Firm. 10. support warrant to search defendant’s home for child pornography. U.Const.6 stantial basis for concluding that a search Good faith exception to warrant re- would uncover evidence of wrongdoing. Amend. for defendant.Const. TX.Amend.Const.A.Amend. defendant had to access an advertising website containing multiple render agent’s reliance on truth of infor- pages of pornography. ert A. Searches and Seizures O113. courts. 2007) 3.S. 31). 4. search will not be excluded where probable cause for a search warrant is based on MEMORANDUM OPINION incorrect information.Amend. Defendant Samuel Jason Diaz (‘‘Diaz’’) 8. lish probable cause for search warrant.S.Amend.S. the quirement applied. U. Criminal Law O394.Const. according to affidavit. evidence obtained from a Brownsville. Diaz alleges the affidavit supporting the rant is based on an affidavit o lacking in search warrant lacked probable cause and . Criminal Law O394. quirement does not apply where the war.A. Bay. Rob- to website. website name itself mation objectively unreasonable.Const. assuming supporting Fourth Amendment requires no more.Tex. and intent to obtain illegal images was further demonstrated by completion of Edward K. U. affidavit could be deemed insufficient to U. means more than mere suspicion. 4. HANEN.C. pedophilia and child pornography. v. Attorney’s Office.S.D. District Judge.A.A. the search of his home.Amend.4(6) probable cause. 4. Searches and Seizures O113. Hous- 7. was suggestive of content associated with U.C. multi-step process necessary to subscribe TX. Officers may rely in good faith on the warrant’s validity when a warrant is sup- 4. for Plaintiff.4(6) 5. Brownsville.Const.A.C.S.S. 4. requirement.6 vit contained detailed information about Defendant’s paid subscription to child habits of collectors of pornography and pornography website provided probable about defendant’s paid subscription to cause to search his home for child pornog- child pornography site and thus was not so raphy images. 4. Under good faith exception to warrant Terra L.4(6) seeks to suppress all evidence obtained in Good faith exception to warrant re. 4. but the agent’s reli- AND ORDER ance on the truth of the information was objectively reasonable. DIAZ 793 Cite as 529 F.S. TX.S.4(6) ton. reasonable. however. Obscenity O7.Supp. TX. Searches and Seizures O200 ported by more than a ‘‘bare bones’’ affi- Magistrate judge’s determination of davit containing only wholly conclusory probable cause for search warrant should statements which lack the facts and cir- be paid great deference by reviewing cumstances. Swofford. U. 9.C.A.C. official’s belief in its existence entirely un- ance of the evidence is required to estab. where affida- 6.1 indicia of probable cause as to render the Neither certainty nor a preponder. Criminal Law O394. Cyganiewicz. U.C.Const. U.C. (Docket No. Obscenity O7.S.Amend. 4. U.1 So long as the magistrate had a sub.C.A.Amend. in lacking in indicia of probable cause as to order to join. ANDREW S.S. Jack Allen Wolfe.A.Const. McAllen.2d 792 (S. U. defen- dant fit ‘‘collector profile’’ for pornography.

or even use- good-faith exception to the exclusionary fully.S. 1978). United be supported by probable cause particular. quires no more. 103 S. sense. 1295. turns to whether the magistrate had a The Gates court reaffirmed the use of the substantial basis for finding probable totality-of-the circumstances approach to cause.S. at ‘‘novel question of law whose resolution is 230–31. 1069 (9th Cir. 462 U. 440 F. 2317 (citing Brinegar v. 889 (5th Cir. the Court then Gates. stating the affidavit sets out practical considerations and probabilities. cials from undertaking search and seizures 103 S. United States.3d 882.) The government Probable cause is based on factual and responded. Id. 103 S. Gates.Ed. 393 U. v. at 236.’’ Ybarra L. United States v. So long as the mag- v. 584. whether the warrant and support affidavit Froman.3d 882. 362 ‘probable cause’ to believe that contraband U. 462 U. Probable Cause Standard of an affidavit should not take the form of [1] The Fourth Amendment bars offi. S.S. 176. 320 ance of the evidence is required to estab- (5th Cir.2004). 257. 62 L.2d 527 (1983).3d 1065.Ed. 21 ized with respect to that person. may not be easy to determine when an 230.Ed. 4 L. 89 S.S. 103 S.S.Ct.2d 527). affidavit demonstrates the existence of .’’ See Unit. 91. however. Gates. (quoting Spinelli v. 338 U. 444 U. 305. at 236.’’ (Id. Chandler termination of probable cause should be v. States. 462 U. 5] Judicial review of the sufficiency A. 261.’’ See United States relied on the warrant in good faith. reduced to a neat set of legal rules.2d 317.S. Illinois.2d 637 (1969)). 355 F.’’ Id.794 529 FEDERAL SUPPLEMENT. United States v.S. A court should address the determine whether probable cause exists probable cause issue if the case involves a rather than the use of specific tests. de novo review. necessary to guide future action by law enforcement and magistrates. 462 U.Ct. at 246. 1879 (1949)).2d 513 (1997). United This Court employs a two-step process States. probable cause and that the federal agent rather than technical requirements or hard reasonably relied on the warrant in good certainties.’’ Illinois v. Satterwhite. 462 U. This Court finds that the lish probable cause. 888 (5th Cir. 980 F. 2317. [3] Neither certainty nor a preponder- ed States v. 355 therefore ‘‘a fluid concept-turning on the F.2006) rant in this case involves a novel question (citing Gates.2d 827. at 231. Gates. 33).S. United States v.Ct. 725. 103 S. 117 S. istrate had a substantial basis for conclud- 342. the Fourth Amendment re- search warrant must answer the ‘‘common. PROBABLE CAUSE [4. 76 L.Ct.Ct. 1302. 76 L.Ct. 832–33 (5th Cir. Id. 160.Ed. 213. II.S. (Docket No. 580 F.Ed. Gordon. 410.S. 69 S.2d 697 or evidence is located in a particular (1960)).1992). 80 S.Ed. 2317. therefore the Court will address 2317.Ct. 338. A search ‘‘must courts.’’ Id. and if not. 308. 85. ‘‘paid great deference by reviewing 137 L. 419. not readily. 103 faith. 2d SERIES was ‘‘bare bones. Probable cause is warrant. 2317. Froman.Ct. ing ‘‘that a search would uncover evidence [2] A magistrate judge issuing a of wrongdoing.’’ rule applies. practical question whether there is 2317 (quoting Jones v. means more the issue of whether the federal agent than ‘‘mere suspicion.2d 238 (1979). Gourde. 93 when reviewing the validity of a search L.2004).Ed. establish probable cause and then turn to Probable cause. factual situation set out by the search war.Ct. 2317. The Court assessment of probabilities in particular typically first determines whether the factual contexts.Ct. ‘‘Although in a particular case it place. Miller. of law.Ct. 520 U. A magistrate judge’s de- absent individualized suspicion. at 232. 100 S. 103 S.Ct.

3d 1047. Kelley. 519 F. website that purveyed child pornography 577–78 (9th Cir. Sub- This Court ‘‘must simply decide whether scribers to the website therefore had ac- there is a ‘fair probability’ that.com. Sept. Froman. This rea. Aug. 380 U. see Gates. Cir.’’ Id. U. probably had viewed or downloaded such Payne. upon the facts set forth and the inferences The court then turned to the defendant’s from them.3d 534.Ct. The B.S. dant subscribed to a website called Lolita- gurls. Meek. Gourde.N. that someone who paid for access to a United States v. [the defendant’s] computer subscription to the website.2007).Ed.3d at 1071. the Ninth ing a finding of probable cause: (i) the Circuit held that an affidavit accompanying website had illegal images.2d 527). Wagers.Ed. United States v. 85 S.D. based cess to hundreds of illegal images.2007).Appx. images onto his computer.Ct.3d at 1070. ed them. While there is no specific test for when Joining the website required a single sub- probable cause exists in child pornography mission of personal data and credit card cases. Gourde. number of courts.Cal. 103 information. see Gourde. 102.3d at 1070. Gourde. computer if he ever received or download- dant’s home. at 246. and (iii) these images only website whose primary purpose is the were almost certainly retrievable from his illegal trade of child pornography estab- lishes probable cause to search the defen. this evidence ‘‘left little doubt that for defendants’ homes. 482 F. 355 F.2006). at 230–31. 2317.App.S. 74–77 (2d accorded to warrants. 468–69 (D. 462 U.3d at 889–90. 741.Supp.2006).Tex. holding that would house child pornography TTTT’’ the defendant’s ‘‘status as a member mani- United States v. Gates. knowingly and willingly. ‘‘[M]embership [was] both a cases involving subscriptions to child por. State v. *6 L. based on the totality of the circumstances. 2317.Ct. 1049 (9th Cir. 2007 WL 2301760. small step and a giant leap. 177 Fed. 540 (6th Cir.3d 68. Ventresca. DIAZ 795 Cite as 529 F.’’ Id. No.D.Ct. To the nography websites and search warrants court. United largely determined by the preference to be States v. the resolution of doubtful 2007). Probable Cause in Child Pornog. 440 F.2d 684 (1965)). United States v. (S. [the defendant] had paid to obtain unlimit- ed access to images of child pornography 1.Ct. 440 F. see also United States v. primary content of Lolitagurls. The soning has been followed or mirrored by a court concluded it was common sense.J. Id. scription to a Child Pornography Website The court rested its holding on a solid ‘‘triad of facts’’ from the warrant support- In United States v. this ‘‘only could have S. 462 U. Gralinski.8. 10.2d 792 (S. 440 F. the magistrate judge could make a reason- 2007 WL 2481032 (Wis. 440 F. 2007). 103 S.2d 466. Based on the facts above.’’ Id. able inference that the defendant received . (ii) the defen- a search warrant showing that a defendant dant intended to have and wanted access took intentional steps to join a members- to these images. 426 F. 452 F. at 1071. 440 F. n. Id. or marginal cases in this area should be 482 F. The affidavit in Gourde stated the defen- 13 L. 576. Kelley. 109.S.S. Probable Cause from a Paid Sub. this Court finds it instructive to been intentional and [was] not insignifi- review the factors used by other courts in cant. fested his intention and desire to obtain 1055 (9th Cir.3d 1047.Supp.’’ Gourde.2005). 2007) probable cause. 103 S. Martin.’’ Id.com was raphy Cases images of child pornography. 2317 (quoting United States v.3d at 1070.5.3d illegal images. however. Id. See United States v. Standefer. v. 76 3:06–CR–02674. at 237. (citing 2007).

’’ pose was the distribution of child pornog- Id.2004). 400 ¶ 1). a signed. A person looking to subscribe to the 2. however.2d 390. 355 Perez affidavit that the Candyman e-group F. engaged ‘‘only or even primarily’’ in illegal activity. (See Aff. 247 F. sworn affidavit from Immigration group was insufficient to support a search and Customs Enforcement (‘‘ICE’’) Senior warrant for a subscriber’s home. tributing child pornography. ‘‘chatting’’ and answering survey ques- group was to receive and distribute child tions.Supp. and held that the affi. collecting and dis- tablished probable cause to search the de.2d 459.D.2003). A person could have sub- raphy would establish probable cause. 247 F.2d at 1145. a search warrant. Further.2d Fifth Circuit addressed an affidavit based at 1145. and (iii) Froman had several membership in the Candyman e-group was screen names registered to his name that insufficient to establish probable cause for reflected an interest in child pornography. holding of Froman does not appear to face nography and have it in his possession. on a person’s unpaid subscription to the Candyman e-group.3d at 890. at 891. 323 F.2d 1135. cuit held it was ‘‘common sense that a Perez. This opening page did not have any im- scription to a website whose primary pur. Perez.Supp.2004). at 482. Id.D. Kunen. The Fifth Cir. purpose was trading. Strauser. These courts person who voluntarily joins a group such did not address the broader question of as Candyman. 247 F. fendant’s home for further evidence of child pornography. cussion of: (i) background information 247 F. In scribed to the website not knowing what United States v.N.2d at 482. 482 (S.N.Supp. The affidavit provided a detailed dis- (E.Supp.2d at 482.Supp. would download such por. 355 F.D. All three courts concluded that pornography. ages. 247 them at his home. and uses screen would be sufficient to support a warrant to names that reflect his interest in child search the defendant’s home. States v. 890–91 (5th Cir. such as (ii) the sole purpose of the Candyman e.Supp. at 400. United Special Agent Maria Gilbert. Kunen. The Fifth Circuit held that subscribed to a website where the primary those facts and inferences sufficiently es. Strauser.Y. Probable Cause from an Unpaid Candyman e-group only saw the message. Froman. situation in Gourde : whether a paid sub. Strauser. United States v. tivities that were legally protected. remains a member of the whether a subscription to a website whose group for approximately a month without contents were solely child pornography canceling his subscription. 1144–45 (E. 247 F.Supp. 2d SERIES or downloaded images and would have 2003). See Perez.Supp.Supp.2d at 482. Id. The general pornography. concerning the trafficking of child pornog- .796 529 FEDERAL SUPPLEMENT. 247 F. 323 F. the was on the site. United States v. F. who have held that search Diaz’s residence was supported by merely subscribing to the Candyman e. there was no allegation in the davit supported reasonable cause.2d Froman. Perez.’’ dissent in a situation where the defendant Id. Subscription to a Child Pornogra- ‘‘[t]his group is for People [sic] who love phy E–Group kids’’ when arriving at the opening web- The Fifth Circuit has not addressed the page. The affidavit in Froman established that: (i) the defendant subscribed to and The Candyman e-group offered several ac- was a member of the Candyman e-group.Y.Mo.3d 882. C. The Search Warrant Application The Froman decision has been criticized The application for the warrant to by three district courts. nor the words ‘‘child pornography. Id. at 890–91.

‘‘[T]aken together.Supp. nography for long periods of time. and/or obtaining it by discreet contact with (Aff. (Id. and a ‘‘join page. (Id. The affidavit also gave were more steps in the verification process a background on how images can be stored and that to complete the transaction the and transmitted by computer. including the investigation of child websites. sense of security which a computer affords (ii) the nature of ICE’s investigation of and the known desire to retain child por- websites containing images of child por. (‘‘C3’’) into Pedoland and its advertising dren. including tion.’’ (Aff. DIAZ 797 Cite as 529 F.¶ 19). Advertising pornography cases.’’ (Aff. (Aff. Further.¶ 8). 2007) raphy using computers and the Internet. (Id.) A person phy typically maintain and possess child opting to pay by credit card first entered pornography in secure locations. (Aff. provide nography advertising for a members-only probable cause to believe that computer website Pedoland. if not longer.Tex. (Aff.D. (Aff. All four pages contained im- child pornography do not dispose of the ages of child pornography. ‘‘most of.¶ 19). (Id. all of his or her credit card information ten at a residence or other secure loca.¶¶ 18–19). or pay by credit card. collections (Aff.¶¶ 19.’’ (Id. All of the advertising websites other individuals and underground busi- investigated by C3 were identical.) Collectors of child pornogra. along with contact information. (Aff. nography.¶ 9(f)). v.) nesses that have child pornography collec- tions. Computers and Child Pornography vertising Websites The affidavit recited Agent Gilbert’s The affidavit then described the investi- training and experience related to cases gation by the ICE Cyber Crimes Center involving the sexual exploitation of chil. Agent Gilbert also provided a profile to three other pages: a security page. Based on websites for Pedoland contained images of her experience.) The affidavit provides background on An e-mail was then sent to the person’s how computers and the Internet permit e-mail account he or she just provided on individuals to trade and collect child por. his or her e-mail address. (Id. On this page.2d 792 (S. the person could of child pornography tend to grow over either pay with an e-gold currency account time. Collectors ‘‘ob- such advertising websites associated with tain child pornography TTT by ordering the members-only website Pedoland.¶ 2). and (iv) (Aff. was directed to the payment page.¶¶ 10– person needed to follow a hyperlink con- 15). The e- nography without risk of easy identifica. the increased tained in the e-mail and submit his or her . U.¶ 3).) Each advertising website consisted of four webpages: an opening page with links As a result of her training and experi- ence. 2. images will be retained for as long as other scription process and monthly fee required types of child pornography. of people who collect child pornography. (Aff.¶ 20).) An indi- pornography’’ and that collectors ‘‘go to vidual who clicked the ‘‘Join now’’ button great lengths to maintain their child por. The Investigation of the Pedoland Website and its Accompanying Ad- 1. the ‘‘Join Now’’ page.¶ 8(e)).’’ including information that: ‘‘collectors of (Aff. (iii) the multi-step sub. preview page. (Aff.¶ 8(k)). in the collection and distribution of child 20). evidence establishing that Defendant sub- scribed to Pedoland. Agent Gilbert is familiar pre-pubescent boys and girls engaged in with methods used by individuals engaged various sexual acts with adults.S.’’ to become a member of Pedoland.¶ 20). C3’s investigation identified over 300 pornography. mail informed the subscriber that there tion.

This web- above.) cause. 355 Texas Drivers’ License records. All vides facts and inferences demonstrating sources indicated that the address used as that Diaz accessed an advertising website a part of the purchase of a subscription to with multiple images of child pornography. (Aff. Uniform Resource Locator. (iv) ZIP archive files. and by F. this Court provided an address in Harlingen. and approximately 28 obtain a subscription to Pedoland. Texas will now address this issue.) The hyperlink directed the subscriber evidence of child pornography. the following evidence and permits the fol- C3 purchased access to Pedoland as lowing inferences: (i) Diaz accessed an described above using one of the advertis. the website sent the subscriber a second e. Diaz’s Paid Subscription to Pedo- mail with the Uniform Resource Locator 1 land Creates Probable Cause to for Pedoland. Diaz clicked the lingen. consisting of a user forum. as part of the transaction. see ment Communication System.3d at 1071. 2005. A magistrate judge may make Agent Gilbert sought information on this reasonable and common-sense inferences Harlingen address by checking records of based on the facts established by a search the Texas Law Enforcement Telecommu.3d 1047. Texas.¶ 21). and (v) after ICE obtained transaction records from subscribing to Pedoland. holds that because a person accessing Pe- 1.’’ tent. and ZIP files on Diaz purchased access to Pedoland the Pedoland website. Pedoland. nication System. Accurint.rr. 2d SERIES credit card information for a second time. over seven which also contained child pornography thousand JPG images. the affidavit pro- speaking with Diaz’s neighbors.) ¶¶ 18–21). to computer video files. A Uniform Resource Locator is the unique www. (iii) Diaz used the ‘‘Join Page.answers.3d at 889–90. D. through one of the advertising websites While neither party noted nor objected using a MasterCard.com/uniformvresourcev address for a website on the Internet. authorizing the search of Diaz’s house for (Id. Diaz had access PayPal indicating that on March 26. to all the images. 2006.¶ 20).) Diaz provided an e-mail address and his home address as a part of the verification 3. (Id.2007). a user name and a password Search His Home giving the subscriber to access to Pedoland [6] The affidavit against Diaz presents for thirty (30) days. This Court Black issued a warrant on June 15. 482 F. Kelley. After payment was received via PayPal. (Id. Froman. Gourde. available at http:// . The Pedoland nography. While on this website. (ii) this website advertised for website had approximately 6. warrant affidavit. ‘‘Join Page’’ which also contained multiple Based on all the information stated images of child pornography. Pedoland was Diaz’s home address in Har. 24. advertising website containing child por- ing websites. 23.¶¶ 22.com and land were child pornography. 25). United States v. (Aff. (Aff. Magistrate Judge John William site advertised for Pedoland.¶ 20). (Id.798 529 FEDERAL SUPPLEMENT. videos. Diaz’s Subscription to Pedoland process to join Pedoland. The Pay.4 GB of con. Diaz ar- to a secure PayPal website to complete the gues the affidavit fails to state probable transaction. Here. See locator & r=67. (See Aff. to the fact that the affidavit did not ex- Pal records also revealed that Diaz used pressly state the images found on Pedo- the e-mail account sdiaz2@rgv. 440 F. the Treasury Enforce. (Aff. 1055 (9th Cir. approximately 300 and only images of child pornogprahy.

3d at 890.Tex. Lacy. subscription process to Pedoland is much phy. Diaz pornography shows that Diaz fits the again had to enter a credit card number ‘‘collector profile. required to click on a subscribe link or land website were child pornography. This search warrant therefore falls into The combination of a website containing the ‘‘triad of facts’’ that have been held to images of child pornography advertising support a finding of probable cause: (i) the for another child pornography website cou. and videos of child pornography.3d at 75.2d 792 (S. See id. Martin. this Court also finds that this 440 F.’’ See Gourde. Magistrate Judge could have made a rea. a able cause. affidavit. See Gourde. 1070–71 (9th Cir.g. nography and the website name ‘‘Pedo. See United States v. See. from those facts demonstrate probable Diaz then had to submit that information cause. here. He had to click on a hyperlink paragraphs in the affidavit providing a contained in the e-mail to access a PayPal background profile on collectors of child payment page. ing his home address. On the PayPal page.3d and his personal information. and (iii) these images Diaz’s intention and desire to obtain illegal were almost certainly retrievable from his images of child pornography.Supp. Like the court in ed them. an e-mail address able and common-sense inferences drawn and a credit card number. DIAZ 799 Cite as 529 F.D. includ- the facts in the warrant and the reason. id.3d 1065. e. Finding that an individual fits e-mail address and his home address. accessed the ‘‘Join Page’’ which also con.2006).3d 742. 119 F. It evidence leaves ‘‘little doubt that [the de. inferences show to contain many images 1997).’’ See id. 2007) doland had to go through an advertising images of child pornography knowingly website for Pedoland containing child por.’’ Then he was sent an e-mail requir. is common sense that someone who paid fendant] had paid to obtain [ ] access to for access to a website that purveyed child .S. Gourde. 426 F. This Court further finds that applying ing him to verify the information he had the evidence of Diaz’s intent to the just sent. including an at 1072. Gourde. The affidavit demonstrates that again after following the instructions on an Diaz accessed the advertising website with e-mail sent to the address that Diaz origi- multiple images of child pornography and nally submitted on the advertising website. Page. stronger than the intent shown by more Diaz entered a credit card number and minimal steps necessary to join the Candy- his personal information at the ‘‘Join man e-group in Froman. 355 F.3d at 1070. See Froman. website had illegal images. v. send an e-mail to the group administrator This Court now turns to whether the to join the Candyman e-group. The intent demonstrated by the elaborate tained multiple images of child pornogra. at 885.. Diaz totality of the circumstances as set out by had to submit personal information. and willingly. U. The evidence and inferences from the land’’ indicates content associated with pe. the ‘‘collector profile’’ for collecting child Only then was Diaz sent an e-mail with pornography supports a finding of prob- instructions on how to access Pedoland. therefore. 746 (9th Cir. United States members-only website which reasonable v. Unlike sonable and common-sense inference that Froman where the defendant was only the images and videos found on the Pedo. computer if he ever received or download- 440 F. that the evidence provided in the Froman affidavit.. (ii) the defen- pled with the multi-step process necessary dant intended to have and wanted access to subscribe to that website demonstrates to these images. are stronger than the dophilia and child pornography. 440 F.

980 F. warrant issued by a magistrate de novo. Background: Manufacturer and seller of ble cause. [10] The affidavit supporting the war- en therefrom.. but the agent’s reliance on the of probable cause entirely unreasonable. Froman. 82 L.. Id.2d at 321.2d 677 Plaintiff. 919–20. where the warrant is based on an affidavit ‘‘so lacking in indicia of probable cause as to render the official’s belief in its exis. 590. 2d SERIES pornography probably had viewed or The information must provide the magis- downloaded such images onto his comput. demonstrating that Diaz subscribed to the members-only child pornography website. ‘‘Bare bones’’ affidavits contain wholly Southern Division. 980 F. Satterwhite.S. concurring in part)). Fred Wager. 2007.Ed.S. phy as well as evidence and inferences press is hereby DENIED.Ed. v.2d at 321. Satterwhite. validity of the affidavit and the search ing United States v. Michigan. Leon.2d 416 DICE CORPORATION.2d 677 Defendant’s motion to suppress is also (1984)).S. 82 L. J. [8. 468 U. trate with facts. 355 F. 610–11. formation from Agent Gilbert regarding this Court finds that the affidavit provides the investigation of the Pedoland website a substantial basis for the Magistrate and its accompanying advertising web sites Judge’s finding of probable cause to search that contained images of child pornogra- Diaz’s home. warrant the good-faith exception applies.Ct.’’ Leon. 19. 104 S.Ed. rely in good faith on the warrant’s validity. 422 U. U. from which a magistrate judge could de- cumstances provided by the evidence in termine probable cause. Dec. conclusory statements which lack the facts and circumstances from which a magis.Ct. 9] The exception does not apply . It contained detailed in- the determinations of magistrate judges.800 529 FEDERAL SUPPLEMENT. (1975) (Powell. 03–CV–10259. 980 F. 104 S. than a ‘‘bare bones’’ affidavit. (quoting Brown v. THOROUGHBRED SOFTWARE tence entirely unreasonable. computer software products brought action . Clifford V. Dice. at 923. Defendants. INC.2d at 321. 468 INTERNATIONAL. E. 897. truth of the information was objectively the officers relied in good faith on the reasonable. and taking into account the rant in the instant case was not a ‘‘bare deference to be accorded to warrants and bones’’ affidavit. 45 L. 2254.D. Satterwhite. 3405. This Court reviews the reason. 3405.3d at 888 (cit. and not mere conclusions. 95 S. Id. II. the affidavit and reasonable inferences tak. United States District Court. officers may No. Analyzing the totality of the cir. Since the affidavit was not that the evidence obtained from a search ‘‘bare bones’’ and the affidavit was not so will not be excluded where probable cause lacking in indicia of probable cause as to for a search warrant is based on incorrect render the agent’s belief in the existence information. Illinois.Ct. Defendant’s Motion to Sup. and John When a warrant is supported by more Does 1–10. er. GOOD–FAITH EXCEPTION AND Pedoland. DENIED pursuant to the good-faith ex- ableness of an officer’s reliance upon a ception. through one of its advertising ‘‘BARE BONES’’ AFFIDAVITS websites which also contained child por- [7] The good-faith exception provides nography. trate can independently determine proba.