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. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

ADVERTISEMENT