United States v. Allen
1:24-cr-00394
| N.D. Ga. | May 22, 2025Background
- FBI Special Agent Megan Perry obtained three search warrants authorizing searches of John Allen’s residence, vehicle, and person as part of an investigation into possession and distribution of child sexual abuse material.
- The investigation began with a tip from social network MeWe that one of its accounts, "sharing is caring," had uploaded suspected child pornography in August 2019, and provided related IP addresses.
- Law enforcement tied some of these IP addresses to Allen’s former residence and to his place of employment.
- An indictment was returned in December 2024 charging Allen with distribution, receipt, and possession of child sexual abuse material.
- Allen moved to suppress evidence from the searches, asserting lack of probable cause and that the information in the warrants was stale.
- The magistrate judge addressed whether the facts in the affidavit established probable cause and if the good faith exception applied.
Issues
| Issue | Allen's Argument | Gov't Argument | Held |
|---|---|---|---|
| Probable cause for warrant | Insufficient facts linking Allen to MeWe account | Multiple ties between Allen & relevant IP addresses | Probable cause established |
| Staleness of information | Evidence was too old to support warrant | Child porn collectors retain materials over time | Info not impermissibly stale |
| Connection to places searched | No facts tying Allen to workplace IP at relevant times | Allen’s workplace & vehicles linked to IP usage | Connection sufficient |
| Good faith exception | Inapplicable due to insufficient probable cause | Would apply if probable cause lacking | Not addressed; not needed |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (1984) (exclusionary rule does not apply when officers act in objectively reasonable reliance on a warrant)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause is a practical, common-sense determination under the totality of the circumstances)
- United States v. Miller, 24 F.3d 1357 (11th Cir. 1994) (magistrates’ probable cause decisions are reviewed with great deference)
- United States v. Brundidge, 170 F.3d 1350 (11th Cir. 1999) (articulates probable cause under totality standard)
- United States v. Martin, 297 F.3d 1308 (11th Cir. 2002) (search warrant affidavit must justify belief that evidence will probably be found at search location)