United States v. Jack Hampton
504 F. App'x 402
6th Cir.2012Background
- German officers identified IP 74.138.19.151 sharing child pornography and notified ICE.
- ICE confirmed the IP address belonged to Hampton, who resided at a Louisville, Kentucky address.
- On Jan 22, 2010, Agent Oberholtzer drafted a warrant/app supporting affidavit detailing residence and computer searches.
- Affidavit described prior German findings that Hampton was a subscriber in 2008 linked to child pornography.
- Magistrate issued the warrant; items including two computers and a hard drive were seized.
- Hampton was charged with receipt and possession of child pornography; he pleaded guilty, reserving appeal on suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrant lacked probable cause due to staleness. | Hampton contends delay rendered info stale. | United States argues information remained reliable given crime nature. | Staleness not shown; delay within precedent for child pornography cases. |
| Whether earlier associations with child pornography were adequately supported. | Hampton argues hearsay generalities insufficient. | Government relied on reliable hearsay from other officers. | Hearsay facts acceptable; sufficient basis for probable cause. |
| Whether boilerplate collector profile could support probable cause. | Hampton challenges reliance on generic profile. | Profile reflects typical retention of child pornography. | Boilerplate profile permissible; corroborating specifics supported probable cause. |
Key Cases Cited
- United States v. Frechette, 583 F.3d 374 (6th Cir. 2009) (stale information cannot be used; nature of crime matters)
- United States v. Lewis, 605 F.3d 395 (6th Cir. 2010) (delays in obtaining warrants can be acceptable under precedent)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause requires practical, common-sense assessment)
- United States v. Lapsins, 570 F.3d 758 (6th Cir. 2009) (hearsay from other officers acceptable for probable cause)
- United States v. Paull, 551 F.3d 516 (6th Cir. 2009) (long-standing practice supporting corroboration of facts)
- United States v. Weaver, 99 F.3d 1372 (6th Cir. 1996) (hearsay information can be sufficient for probable cause)
- United States v. Riccardi, 405 F.3d 852 (10th Cir. 2005) (support for retention of materials by collectors)
- United States v. Lemon, 590 F.3d 612 (8th Cir. 2010) (collector profile admissible in probable cause analysis)
- United States v. Wagers, 452 F.3d 534 (6th Cir. 2006) (profile evidence admissible in context of CP cases)
- United States v. Gourde, 440 F.3d 1065 (9th Cir. 2006) (profile-based reasoning recognized)