U.S. v. Scott

In prosecution on possession of child pornography charge, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of child pornography found in defendant’s home that occurred pursuant to search warrant. Dist. Ct. could properly find that warrant was supported by probable cause, where affidavit supporting warrant informed state-court judge that: (1) defendant placed ad on Craigslist, and police officer impersonating teenager responded to said ad; (2) defendant and officer thereafter conducted extensive electronic exchange that included defendant sending officer sexually explicit emails and graphic photos that included photo of man on bedspread with object in his rectum; and (3) defendant requested that officer send him picture of officer in compression shorts with “hard-on.” Ct. rejected defendant’s claim that search of defendant’s home was unreasonable because there was no indication that any activity prior to issuance of warrant took place at his home so as to justify search of that location. Ct., though, found that agent’s claim in affidavit that his “training and experience” suggested link between pedophilia and child pornography would not support finding of probable cause without providing specifics of said training and experience.