U.S. v. Featherly

In prosecution on receipt of child pornography charge, Dist. Ct. did not err in denying defendant’s motion for Franks hearing, where defendant alleged that officer seeking search warrant for defendant’s home made intentionally false statement on warrant application that led to finding that police had established probable cause to support issuance of said warrant. While defendant alleged that officer had falsely stated in affidavit that IP address used by suspect was traced to defendant’s computer, where IP address could only identify modem that connect computers to Internet, Dist. Ct. could properly discount significance in any misstatement, where: (1) service account of user sharing incriminating files had been registered to defendant’s name and address; and (2) statement that IP address belonged to user’s computer was not false because term “computer” encompassed modem device. Fact that defendant’s neighbor could have accessed defendant’s modem wirelessly did not require different result.