United States v. Charles Kinison, Jr., 2013 U.S. App. LEXIS 5344

Kinison was indicted for receiving and possessing child pornography after police executed a warrant at his home and car.
A district court granted Kinison’s suppression motion, finding no substantial basis for probable cause and a non-reasonable good-faith belief.
A known informant, Omstott, provided statements and text messages linking Kinison to child-pornography activities and to viewing material on his home computer.
Detectives obtained warrants to search Kinison’s house and later his car based on Omstott’s statements and corroborating evidence from text messages.
Forensic examination revealed over 300 images and 40 videos of child pornography, leading to Kinison’s arrest and indictment.
The government appealed the suppression ruling; the Sixth Circuit reversed, holding the warrants were supported by probable cause and the good-faith exception applied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause to search	Kinison	Kinison	Probable cause found; magistrate had substantial basis.
Good-faith exception applicability	Kinison	Kinison	Good-faith exception applies; exclusion not warranted.

Florida v. Harris, 570 U.S. 5 (U.S. 2013) (totality-of-circumstances approach to probable cause)
Maryland v. Pringle, 540 U.S. 366 (U.S. 2003) (probable cause not reducible to precise definitions)
United States v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances probable cause standard)
United States v. Miller, 314 F.3d 265 (6th Cir. 2002) (informant credibility and corroboration concerns)
United States v. Couch, 367 F.3d 557 (6th Cir. 2004) (informant credibility when identity known to officers)
United States v. Harris, 403 U.S. 573 (U.S. 1971) (admissions carry credibility indicia for probable cause)
United States v. Laughton, 409 F.3d 744 (6th Cir. 2005) (test of good-faith reliance on magistrate's decision)
Carpenter, 360 F.3d 591 (6th Cir. 2004) (good-faith exception survives certain nexus gaps)
United States v. Hodson, 543 F.3d 286 (6th Cir. 2008) (deliberate, reckless, or gross negligence standard for exclusion)
Groh v. Ramirez, 540 U.S. 551 (U.S. 2004) (invalid warrant and officer reliance limits to good faith)
United States v. Paull, 551 F.3d 516 (6th Cir. 2009) (home-centered nature of child-pornography crimes)
United States v. Frechette, 583 F.3d 374 (6th Cir. 2009) (probable cause tied to subscription to a known site)
United States v. Wagers, 452 F.3d 534 (6th Cir. 2006) (IP/address connections to location as nexus)
Hollin, 459 F. App’x 535 (6th Cir. 2012) (affidavit-to-search nexus and good faith defense distinguished)