United States v. Thomas
788 F.3d 345
2d Cir.2015Background
- Thomas appeals denials of suppression motions after a search of his residence and computer following a CPS-based IP address lead.
- Operation Greenwave (federal/state) targeted child pornography via peer-to-peer file sharing during 2011–2012 in Vermont.
- CPS automated software identifies public P2P traffic and provides lists of online users sharing potentially illicit files.
- Fiore affidavit describes CPS use, its purpose, operation, and grounds for probable cause, but does not name the CPS vendor.
- Magistrate issued the search warrants; contraband found on Thomas’s computer; district court denied suppression motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Fiore establish probable cause with CPS data? | Thomas argues CPS data alone cannot support probable cause. | Government contends CPS data, with corroboration, yields probable cause under totality of circumstances. | Probable cause established; suppression denied. |
| Was it error to withhold CPS’s third-party identity? | Omission of CPS’s third-party nature undercuts reliability. | Vendor name is not required; function and disclosures suffice. | Omission immaterial; no error. |
| Was CPS reliability adequately shown? | No certification/testing shown; analogizes to Harris canine reliability problems. | CPS reliability supported by totality of circumstances and corroboration (hash analysis). | Reliability sufficiently established. |
| Should the court scrutinize the reliability framework of CPS more strictly? |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-circumstances probable cause standard)
- Florida v. Harris, 133 S. Ct. 1050 (U.S. 2013) (reliability of certification/training in probable cause)
- United States v. Rajaratnam, 719 F.3d 139 (2d Cir. 2013) (omissions and truthfulness in affidavits; necessary evidence)
- United States v. Canfield, 212 F.3d 713 (2d Cir. 2000) (reckless disregard standard for omissions in affidavits)
- Ventresca v. United States, 380 U.S. 102 (U.S. 1965) (probable cause deference to magistrate's finding; practical assessment)
- Walczyk v. Rio, 496 F.3d 139 (2d Cir. 2007) (standard of review for suppression rulings)