United States v. Clark
2012 WL 470264
7th Cir.2012Background
- Clark pled guilty to possession of child pornography with a right to appeal the district court’s denial of his suppression motion.
- FBI monitored Lime-Wire distribution at 3952 Torch Club Road; IP registered to Matthew Clark; undercover agent downloaded 17 files.
- In April 2010, Clark allegedly entered Danielle Clark’s home through a window; his niece reported sexual assault and related misconduct by Clark.
- Clark’s residence at 3022 Glenwood Avenue was searched pursuant to a state-law warrant based on Vucich’s affidavit emphasizing his training and findings.
- A second, federal warrant was obtained after a second affidavit added facts linking Clark to LimeWire use and prior home computer access.
- Clark challenged the affidavits via Franks hearing; district court denied suppression; the court of appeals ultimately affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does boilerplate 'collector' language plus facts establish probable cause? | Clark argues boilerplate lacks specificity linking him to pornography. | Clark contends absence of explicit downloading facts undermines probable cause. | Probable cause exists with combined facts and boilerplate. |
| Does the FBI’s 2008 image description matter for probable cause? | Clark argues lack of detailed image description undermines reliance on FBI evidence. | Clark contends the FBI details are necessary to justify search. | Without image details, FBI evidence cannot solely justify probable cause, but overall affidavit suffices; good faith exception applies if needed. |
| Is there a sufficient nexus to search Clark’s home and personal computers? | Clark asserts no adequate link between assaults at a relative’s home and his own residence. | Clark’s activities with computers and possession of child pornography justify search of his home. | Probable cause extends to Clark’s home; home and personal computers may be searched. |
| Does the good-faith exception apply to the challenged search? | Clark argues the affidavit lacked probable cause and was misleading. | Clark contends the officers relied on a defective warrant without good faith. | Good-faith exception applies; evidence admissible. |
Key Cases Cited
- United States v. Prideaux-Wentz, 543 F.3d 954 (7th Cir. 2008) (boilerplate profiling allowed with corroborating facts)
- United States v. Pappas, 592 F.3d 799 (7th Cir. 2010) (boilerplate plus concrete evidence supports probable cause)
- United States v. Watzman, 486 F.3d 1004 (7th Cir. 2007) (probable cause based on totality of circumstances)
- United States v. Aljabari, 626 F.3d 940 (7th Cir. 2010) (home search justified for persons likely storing child pornography)
- United States v. Leon, 468 U.S. 897 (1984) (good faith exception to exclusionary rule)
- Herring v. United States, 555 U.S. 135 (U.S. 2009) (reasonable reliance on warrant supports suppression exceptions)