United States v. Deppish
5:13-cr-40070
D. Kan.Jan 31, 2014Background
- Russian law enforcement located two IMGSRC photo albums under username “dirtyoldman71” linked to pigbreeder1971@yahoo.com; one album contained four images titled “9 yo granddaughter sleeping” depicting a child whose face was not visible and with camera focus near the genital area.
- HSI Agent Kanatzar received a referral, reviewed the images, obtained subscriber/IP data tying uploads to Defendant’s IP, and sought a search warrant for the Yahoo account; Yahoo produced 1,028 emails and the agent filtered them to 84 relevant messages (no child pornography found in email content).
- After the Yahoo search, agents interviewed Defendant; he denied posting but admitted using IMGSRC and that the child resembled his granddaughter; he refused consent to search his computer.
- Detective Odell later interviewed Defendant’s stepdaughter, who identified her daughter as the child in the photos and said the photos were taken in Defendant’s attic; Odell obtained and executed a residential search warrant and seized computers and storage devices.
- Defendant moved to suppress both the Yahoo email search and residential search warrants, arguing lack of probable cause, lack of particularity, no good-faith exception, and requesting a Franks hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for Yahoo account search | Images, site context, user comments, and IP/subscriber tie to defendant establish nexus and probable cause for child-pornography evidence in Yahoo account | Images not sexual; no evidence linking Yahoo account to trading or communications; email hidden on site so no nexus | Probable cause existed: images met Dost factors, site context and hyperlink allowed communications, and subscriber/IP linked uploads to defendant |
| Probable cause for residential search | Defendant’s admissions, stepdaughter ID, alleged attic location, and officer experience establish nexus to evidence at residence | Defendant denied posting and ownership; no direct proof photos originated at residence | Probable cause existed: admissions, ID by stepdaughter, and attic allegation provided sufficient nexus |
| Particularity of Yahoo warrant | Warrant described target account and specifically identified evidence to seize (18 U.S.C. §2252 instrumentalities); SCA permits provider disclosure and agents may filter results | Warrant sought entire account without temporal limits or particularized search protocol — overbroad general search | Warrant sufficiently particular: described objects to be seized and agents used targeted keyword filters; temporal snapshot justified given user-controlled deletions |
| Good-faith (Leon) and Franks challenge | Officers reasonably relied on judge-issued warrants; no deliberate/reckless falsehoods in affidavits; Odell unaware Yahoo search yielded no child porn | Affidavits omitted images/statutory definition and failed to disclose Yahoo results; alleged omissions and legal errors warrant suppression and Franks hearing | Good-faith exception applies; affidavits not intentionally or recklessly false; Franks hearing denied and suppression motions denied |
Key Cases Cited
- United States v. Leon, 468 U.S. 897 (good-faith exception to exclusionary rule)
- Illinois v. Gates, 462 U.S. 213 (totality-of-the-circumstances test for probable cause)
- United States v. Dost, 636 F. Supp. 828 (Dost factors for lasciviousness in child-pornography analysis)
- United States v. Burke, 633 F.3d 984 (warrant scope for computer/email searches in child-pornography cases)
- United States v. Burgess, 576 F.3d 1078 (Stored Communications Act and provider disclosure; particularity analysis)
- United States v. Brooks, 427 F.3d 1246 (Tenth Circuit approach to computer-search particularity)