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Wednesday, April 30, 2014

Ind. Decisions - 7th Circuit decides one Indiana case today

In USA v. James Carroll (SD Ind., Magnus-Stinson), a 15-page opinion, Judge Frederick J. Kapala of the United States District Court for the Northern District of Illinois, sitting by designation, writes:

Defendant-Appellant, James V. Carroll, pled guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), and six counts of sexual exploitation of a child, in violation of 18 U.S.C. § 2251(a). Carroll now appeals the district court’s denial of his motion to suppress having reserved the right to do so in his plea agreement. We affirm.

For these reasons, consistent with the necessary deference to the issuing judge’s determination of probable cause, we conclude that the information in Detective Spivey’s affidavit was sufficient to establish a fair probability that the computer or other digital storage devices within Carroll’s residence would contain evidence of child pornography or sexual exploitation of a child, despite the fact that the photographs were taken approximately five years earlier. Therefore, we hold that there is a substantial basis in the record to support the decision to issue the search warrant for Carroll's residence. As a result, we need not reach the issue of good-faith reliance on the search warrant. Thus, Carroll’s conviction is AFFIRMED.

Posted by Marcia Oddi on April 30, 2014 10:33 AM
Posted to Ind. (7th Cir.) Decisions