418 F. App'x 514
7th Cir.2011Background
- Police obtained a warrant to seize/search Shelton's computer after a technician found apparent child pornography on it.
- Technician showed two videos of a 12-year-old girl undressing in a bedroom to officers.
- A detective linked the girl to Shelton via school records, establishing probable nexus to child pornography offenses.
- Prosecutor drafted an affidavit based on the technician's information, but it omitted some details.
- Judicial review considered the four-corners of the affidavit; the warrant was issued and executed years ago, yielding multiple discs of child pornography and two guns.
- Shelton challenged suppression, arguing the affidavit was too terse and the good-faith exception should not apply; district court partially denied and partially granted relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to search computer and home? | Shelton | Shelton argues the affidavit is too terse to show probable cause | Affidavit sufficient to establish probable cause |
| Good-faith exception applicability? | Shelton | Leon good-faith should not save if affidavit deficient | Good-faith exception would apply; evidence admissible despite deficiencies |
| Adequacy of description of the videos? | Shelton | Videos described as 12-year-old undressing suffices to show lascivious content | Description supports probable cause; not required to include every detail |
Key Cases Cited
- United States v. Griesbach, 540 F.3d 654 (7th Cir. 2008) (court-approved use of descriptive summaries to justify probable cause for digital searches)
- United States v. Lowe, 516 F.3d 580 (7th Cir. 2008) (probable-cause evaluation under totality of circumstances)
- United States v. Knox, 32 F.3d 733 (3d Cir. 1994) (lascivious content standard can be met by minimal explicit focus on sexual conduct)
- United States v. Orozco, 576 F.3d 745 (7th Cir. 2009) (review of probable cause on the four corners of the affidavit)
- United States v. Curry, 538 F.3d 718 (7th Cir. 2008) (affidavit sufficiency and reliance on prosecutor’s involvement in warrant decision)
- United States v. Woolsey, 535 F.3d 540 (7th Cir. 2008) (good-faith exception challenge where judge may have abdicated neutrality)