United States v. Clark
2012 U.S. App. LEXIS 14549
1st Cir.2012Background
- Officers executed a warrant for animal cruelty and unlicensed kennel operation at Fern Clark's Somerville, Maine home; in Fern's adult son's bedroom they found a list of websites and images suggestive of child pornography near a computer.
- After halting the initial search, officers obtained a second warrant specifically for child pornography, which yielded evidence later used to indict Clark on two federal counts.
- Clark moved to suppress the second-search evidence, arguing the first warrant was invalid for lack of probable cause, making the second search fruit of the poisonous tree.
- The district court denied suppression, held the first warrant supported by probable cause, and relied on good-faith exception; Clark was convicted after a bench trial.
- At sentencing, the district court applied a five-level pattern-of-abuse enhancement based on two prior indecent acts convictions involving minors, resulting in a 210-month term.
- Clark timely appeals, challenging suppression ruling and the sentencing enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the first warrant lacked probable cause and tainted the second search. | Clark argues first-warrant illegality; fruits invalid. | Clark contends second search result tainted. | No; probable cause supported first warrant; suppression denied. |
| Whether the five-level pattern-of-abuse enhancement was properly applied. | Clark contends prior convictions too distant to form pattern. | State maintains long-ago acts can establish pattern. | Proper under circuit precedent; enhancement affirmed. |
Key Cases Cited
- United States v. Gates, 462 U.S. 213 (1983) (probable cause by totality of the circumstances; deference to magistrate's determination)
- Safford Unified Sch. Dist. No. 1 v. Redding, 129 S. Ct. 2633 (2009) (probable cause standard; reasonable belief evidence will be found)
- United States v. Sanchez, 612 F.3d 1 (1st Cir. 2010) (probable cause and corroboration considerations in affidavits)
- United States v. Leon, 468 U.S. 897 (1984) (good-faith exception to the exclusionary rule)
- United States v. Woodbury, 511 F.3d 93 (1st Cir. 2007) (standard of review for suppression rulings; credibility findings)
- Spencer v. Roche, 659 F.3d 142 (1st Cir. 2011) (police motive cannot invalidate reasonable searches)
- United States v. Croto, 570 F.3d 11 (1st Cir. 2009) (informant credibility and corroboration in probable cause)