US v. Pappas, No. 09-1595

In a prosecution for possession of child pornography, grant of defendant's motion to suppress evidence seized during a search of his home, as well as statements he made during the execution of the search warrant is reversed where: 1) even if probable cause did not support issuance of the warrant, the federal agent demonstrated a prima facie case of good faith by obtaining a warrant in the first instance; and 2) although there was some delay between the transmission of child pornography to defendant and the issuance of the warrant, the delay was not so great as to overcome the presumption of good faith, nor was there anything impermissible in including information related to the practices of child pornography "collectors" given that numerous images of child pornography were sent to defendant.   

Read US v. Pappas, No. 09-1595

Appellate Information

Appeal from the United States District Court for the Eastern District of Wisconsin

Decided January 21, 2010

Judges

Before: Easterbrook. Chief Judge, Manion and Tinder, Circuit Judges

Opinion by Circuit Judge  Manion