United States v. Deppish
994 F. Supp. 2d 1211
D. Kan.2014Background
- Defendant moves to suppress Yahoo email search warrant and residential search warrant after an evidentiary hearing.
- Yahoo warrant was based on an affidavit tying the pigbreederl971@yahoo.com account to ‘dirtyoldman71’ on IMGSRC, which hosted a 9-year-old image album and a pregnant-stepdaughter album.
- Images in the IMGSRC album are described as depicting young girls; DHS Agent Kanatzar believed they met the federal definition of child pornography under 18 U.S.C. § 2256(2)(E).
- Yahoo discloses 1028 emails from the account; Kanatzar filters to 84 that pertain to IMGSRC, finding no child pornography in those emails.
- Agent Kanatzar and Det. Odell interview Defendant; Defendant admits some relevant internet use but denies possessing or distributing child pornography; Odell later applies for a residential warrant based on further interviews and a stepdaughter’s identification relating to a location ( Defendant’s attic).
- Residential warrant leads to seizure of computer hardware and storage devices at Defendant’s home.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for Yahoo warrant | Images themselves establish probable cause for child pornography. | Images are non-sexual; no nexus to Yahoo account; insufficient linkage. | Probable cause established; nexus shown by domain, comments, and account link. |
| Particularity of Yahoo warrant | SCA allows broad disclosure but with particularity of instrumentalities and evidence. | Warrant too broad by seeking entire account contents. | Warrant described seizure targets with particularity; search strategy narrowed by keyword filtering. |
| Good faith exception applicability to Yahoo warrant | Good faith warrants should not be excluded. | Warrant facially deficient or based on false statements. | Good faith exception applies; warrant and affidavits not deliberately false; Leon applied. |
| Good faith applicability to Residential warrant | Odell relied on previously obtained images and training. | Omissions about Yahoo result undermine good faith. | Good faith exception applies; Odell's affidavit reasonable and not knowingly false. |
| Franks hearing | Franks not required if probable cause exists. | Requests Franks hearing due to alleged falsities. | Franks hearing denied; no showing of knowing or reckless false statements. |
Key Cases Cited
- United States v. Dost, 636 F.Supp. 828 (S.D. Cal. 1986) (Dost factors for lascivious depiction analysis)
- United States v. Harvey, 514 F.Supp.2d 1257 (D. Kan. 2007) (probable cause and computer-search considerations)
- United States v. Nolan, 199 F.3d 1180 (10th Cir. 1999) (probable cause and nexus concepts in warrants)
- United States v. Riccardi, 405 F.3d 852 (10th Cir. 2005) (limitations on computer searches and particularity)
- United States v. Gonzales, 399 F.3d 1225 (10th Cir. 2005) (standards for probable cause and nexus in digital searches)
- United States v. Lowe, 516 F.3d 580 (7th Cir. 2008) (whether viewing images is required for probable cause to exist)
- United States v. Potts, 559 F.Supp.2d 1162 (D. Kan. 2008) (temporal and scope considerations in electronic search warrants)
- New York v. P.J. Video, 475 U.S. 868 (1986) (reasonableness of searches and evidence description)
- United States v. Burgess, 576 F.3d 1078 (10th Cir. 2009) (computer-search particularity and instrumentalities approach)
- Franks v. Delaware, 438 U.S. 154 (1978) (Franks hearing standard for falsity in affidavits)
- United States v. Lora-Solano, 330 F.3d 1288 (10th Cir. 2003) (good faith and Leon principles in digital searches)