United States v. Featherly
846 F.3d 237
7th Cir.2017Background
- Featherly lived in a Wisconsin trailer park; an Oklahoma agent detected his ISP account sharing files containing child pornography and partially downloaded the files.
- An FBI agent in Wisconsin (Hauser), using an affidavit prepared by agent Wilkins, stated the downloading agent had traced the shared files to IP address 68.190.144.255 and that the ISP (Charter) had assigned that IP to Featherly’s service account.
- A magistrate judge issued a warrant to search Featherly’s residence; the search uncovered images that led to federal charges for receipt and possession of child pornography.
- Featherly moved to quash under Franks, arguing the affidavit falsely stated the IP address was tied to his “computer” when an IP more precisely identifies a modem, not a specific device, and thus the affidavit was misleading.
- The magistrate judge and district court held an evidentiary hearing, found no intentional or reckless falsehood, concluded any imprecise use of “computer” was not material, and determined the affidavit established probable cause.
- Featherly pleaded guilty while reserving his right to appeal the denial of the Franks motion; he was sentenced to 144 months. The court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit contained an intentionally false statement under Franks | Featherly: affidavit falsely said IP belonged to his "computer"; IP ties only to modem, so misled magistrate | Government: affidavit defined “computer” to include communications facilities (modem); statement was accurate and not made recklessly | No Franks violation; no intentionally false statement |
| Whether any misstatement was material to probable cause | Featherly: if the IP tied only to a modem, someone else could have used it (e.g., unsecured Wi‑Fi), so no probable cause | Government: IP traced to subscriber’s modem/residence; probable cause requires only a reasonable belief search will uncover evidence | Misstatement (if any) was not material; probable cause existed |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (establishes test for suppression when warrant affidavit contains deliberate or reckless falsehoods)
- United States v. Williams, 718 F.3d 644 (7th Cir. 2013) (Franks three‑part framework applied)
- United States v. Gregory, 795 F.3d 735 (7th Cir. 2015) (probable cause standard: reasonably prudent person belief)
- United States v. Roth, 201 F.3d 888 (7th Cir. 2000) (probable cause standard authority)
- United States v. Vosburgh, 602 F.3d 512 (3d Cir. 2010) (IP address linked to subscriber can support warrant for premises)
- United States v. Perez, 484 F.3d 735 (5th Cir. 2007) (recognizes remote possibility of neighbor using unsecured Wi‑Fi but upholds probable cause from IP tracing)