U.S. v. Fifer

In prosecution on charges of producing child pornography counts that arose after police searched defendant’s apartment during drug investigation and discovered half-naked and initially non-cooperative 16-year old girl hiding under bed, as well as electronic devices, Dist. Ct. did not err in denying defendant’s motion to suppress evidence of child pornography found in electronic devices, even though defendant argued that warrant issued by state court to search defendant’s apartment lacked probable cause. Officer who submitted affidavit credibly reported that he had overseen two controlled drug buys from defendant’s apartment and each controlled buy involved search of informant prior to purchases to establish that drugs produced by informant after purchases came from defendant’s apartment. Ct. rejected defendant’s argument that informant had drugs on his person prior to controlled buy and produced said drugs after informant pretended to buy drugs from defendant. Also, officers could access content of devices during search of apartment, since: (1) warrant allowed officers to seize said devices, and thus implicitly allowed them to search them as well; and (2) exigent-circumstances doctrine applied to allow police to search devices to obtain information about half-naked child. Moreover, independent source doctrine applied to permit admission of child pornography found in devices, where officials obtained federal warrant to search devices.