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

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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.  
 

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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