545 F. App'x 64
2d Cir.2013Background
- Howe pled guilty under a plea agreement to receipt and possession of child pornography and was sentenced to 180 months’ imprisonment.
- The district court denied Howe’s motion to suppress evidence obtained from his seized laptop.
- Officer Weegar seized Howe’s laptop after viewing a Sample Pictures folder containing a thumbnail image the magistrate deemed lascivious.
- Family members testified that file titles suggested child pornography and Howe allegedly admitted downloading kiddy porn.
- The government delayed about thirteen months before seeking a federal search warrant; the delay was attributed to diligent pursuit and mistaken belief a state warrant existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to seize the laptop | Howe contends no probable cause. | Howe argues seizure was unlawful without a warrant. | Probable cause existed to seize. |
| Reasonableness of delay before federal warrant | Howe asserts delay was unconstitutional. | Howe argues delay was reasonable under facts. | Delay not constitutionally infirm. |
| Probable cause for federal search warrant | Howe challenges that warrant lacked probable cause. | Howe asserts probable cause supported the warrant. | Warrant based on probable cause. |
Key Cases Cited
- United States v. Rivera, 546 F.3d 245 (2d Cir. 2008) (supports probable-cause determination for seized electronic evidence)
- Texas v. Brown, 460 U.S. 730 (1983) (probable cause as a flexible, common-sense standard)
- United States v. Canfield, 212 F.3d 713 (2d Cir. 2000) (probable-cause standard for warrants in crime-evidence cases)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause reviewed with totality-of-the-circumstances)
- United States v. Martin, 157 F.3d 46 (2d Cir. 1998) (factors for determining reasonableness of government delay)
- Illinois v. McArthur, 531 U.S. 326 (2001) (balances privacy and law-enforcement interests in seizures)