ILNews

7th Circuit finds 5-year-old information not ‘stale’

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals declined a defendant’s request to find the information used to execute a search warrant of his computer for child pornography stale because more time had passed in his case as compared to previous cases ruled on by the Circuit Court.

James Carroll argued the District Court erred in denying his motion to suppress because the information provided in the affidavit was stale and did not establish probable cause to search his home. He also claimed the court erred in concluding that even if the search was not supported by probable cause, the good-faith exception to the exclusionary rule applies.

A 13-year-old girl reported to Indianapolis Metropolitan Police Detective Kurt Spivey that Carroll, who was a professional photographer, had molested her when she was 8 years old. Based on her testimony, and Spivey’s experience conducting child pornography and exploitation investigations, the Marion Superior Court granted a search warrant of Carroll’s residence. Spivey had explained that those who have child pornography often keep the images for years and they can be recovered even if the person believes the information has been deleted.

District Judge Jane Magnus-Stinson denied Carroll’s motion to suppress the evidence found after a search of his home. He pleaded guilty to one count of possession of child pornography and six counts of child exploitation, but reserved the right to appeal the denial of his motion to suppress.

The federal appeals court in United States of America v. James V. Carroll, 13-2600, had to decide whether the victim’s information about what happened five years earlier was too stale to create a fair probability that evidence of child pornography or sexual exploitation of a child would be found on a computer or other storage devices within Carroll’s residence at the time the search warrant was issued.

“In recognition of the well-established hoarding habits of collectors of child pornography, this Court’s holding in Prideaux-Wentz (543 F.3d 954, 958 (7th Cir. 2008)) and cases from other circuits make clear that under certain circumstances years can pass between information about child pornography offenses and applications for search warrants without rendering the information stale,” wrote Judge Frederick J. Kapla of the U.S. District Court for the Northern District of Illinois, who was sitting by designation.

There isn’t a bright-line time limit, and the 7th Circuit held it’s not obligated to deem the information at issue in this case stale just because it is older than the information at issue in any previous case; each case is unique, Kapla wrote. The information in Prideaux-Wentz was at least four years old.

The judges concluded that the information in Spivey’s affidavit was sufficient to establish a fair probability that the computer or other digital storage devices within Carroll’s residence would contain evidence of child pornography or sexual exploitation of a child, despite that the photographs were taken approximately five years earlier.

“Therefore, we hold that there is a substantial basis in the record to support the decision to issue the search warrant for Carroll’s residence. As a result, we need not reach the issue of good-faith reliance on the search warrant,” Kapla wrote.  
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT