Court Error – Suppression of Evidence

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Jeremy Schenck

Case No.: 20-2353

Officials: MANION, ROVNER, and ST. EVE, Circuit Judges.

Focus: Court Error – Suppression of Evidence

Jeremy Schenck produced child pornography. He moved to suppress the evidence, arguing the search warrant was not supported by probable cause because the underlying affidavit did not identify how the affiant knew a few particular pieces of information. The district judge agreed with the magistrate judge’s recommendation and denied suppression. Schenck pleaded guilty to one count of violating 18 U.S.C. § 2251(a), conditioned on reserving his right to appeal. The district judge sentenced him to 240 months in prison. Schenck appeals the denial of suppression. But we agree with the district judge that there is nothing to criticize in the magistrate judge’s report and recommendation. The affidavit, read as a whole with common sense, established a reasonable probability that the search would produce evidence of child pornography.

Affirmed

Full Text

Derek A Hawkins is Corporate Counsel, at Salesforce.