37 A.3d 353
N.H.2012Background
- Ward was convicted on 13 counts of possessing child pornography under RSA 649-A:3 (2007/2008).
- Defendant challenged the trial court’s denial of his suppression motion, contending the search warrant affidavit lacked probable cause to search his residence and computer.
- Police received a report from a pastor that a neighbor’s garage contained what appeared to be child pornography.
- Brown identified Ward as the neighbor, described printed papers in the garage showing a young girl with sexual acts, and said they were printed from a computer; Brown also noted Ward and his wife used laptops daily and that Ward had previously owned a desktop computer.
- A warrant was sought for Ward’s motor vehicle, residence (including detached garage and shed), and person, seeking all computer and camera equipment; the warrant was issued and executed on September 14, 2007.
- The trial court partially granted suppression, suppressing the vehicle and person searches and the search for adult pornography, but allowed searches of the home and garage; Ward appeals arguing lack of probable cause; the State cross-appeals for broader search authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit established probable cause to search the home and computer for child pornography. | Ward argues no nexus tying garage observation to home/computer. | Ward contends there was insufficient linkage to home/computer. | Probable cause established; court adopts a totality-of-circumstances approach and affirms search. |
Key Cases Cited
- State v. Silvestri, 136 N.H. 522 (1992) (probable cause requires nexus between location and evidence when searching a residence)
- State v. Westover, 127 N.H. 130 (1985) (neighborhood observations plus corroboration can support probable cause)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances approach for probable cause)
- State v. Ball, 124 N.H. 226 (1983) (state constitution guides theProbable cause standard; federal guidance cited)
- State v. Zwicker, 151 N.H. 179 (2004) (probable cause analysis under NH Constitution)
- State v. Dalling, 159 N.H. 183 (2009) (deference to magistrate’s probable cause findings; de novo review for factual sufficiency)
- State v. Kirsch, 139 N.H. 647 (1995) (common-sense inferences about retention of material)