Search and Seizure — search warrants — probable cause

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U.S. Court of Appeals for the 7th Circuit

Criminal

Search and Seizure — search warrants — probable cause

Authorities had probable cause to search the defendant’s computer.

“Valley’s argument that the warrant is too vague fares no better. Probable cause in this context means a ‘fair probability’ that Valley’s computer would hold child pornography. See Illinois v. Gates, 462 U.S. 213, 238 (1983); Prideaux-Wentz, 543 F.3d at 960–61. According to the affidavit, authorities had identified multiple images of suspected child pornography, at least three of which an agent viewed and confirmed to be what the file names described. The IP address from which those images were downloaded then was traced to the residence Valley shared with his mother. This was enough information for a judge to conclude that child pornography likely existed on a computer located at that residence. See Prideaux-Wentz, 543 F.3d at 961; United States v. Hall, 142 F.3d 988, 995 (7th Cir. 1998). There is nothing ‘vague’ about the investigative steps described in the affidavit.”

Affirmed.

13-2870 U.S. v. Valley

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Per Curiam.