U.S. v. Clark

In prosecution on possession of child pornography charges, Dist. Ct. did not err in denying defendant's motion to suppress evidence seized from his personal computer pursuant to search warrant even though defendant argued that police lacked probable cause to search for child pornography pictures where focus of original investigation prior to issuance of search warrant was investigation of sexual assault of 4-year-old minor. Instant affidavit attached to warrant application supported probable cause to search defendant's computer where affidavit contained evidence of defendant's sexual interest in children in form of claims that defendant had sexually assaulted three children and had used computer with respect of one of alleged assaults. Fact that officer included in affidavit mere fact that defendant had been subject of 2008 FBI investigation did not require different result, and defendant otherwise failed to rebut presumption that instant search warrant was issued in good faith.