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Motion to Suppress Denied in Part and Granted in Part -- Defendant was charged with "two counts of production of child pornography, in violation of 18 U.S.C. § 2251(a), one count of receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2), and one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B)." The charges stemmed from an investigation into a report that a man driving a white SUV had exposed himself to a young girl near the Dixie Elementary School in San Rafael, California.


Judgment Affirmed -- Defendant was prosecuted for possession of child pornography following a search of his home and personal computer revealed hundreds of child pornography files. The affidavit submitted in support of the search warrant stated that investigators had traced a shared file to defendant's computer.


Laptop Search Upheld -- Defendant was indicted with various co-conspirators for stealing personal identifying information of other individuals and using it to file fraudulent unemployment claims in Texas. During their investigation, law enforcement officers learned from a co-conspirator that the defendant had stashed a cardboard box box and laptop computer at his girlfriend's apartment, and they went there to retrieve them.


Conviction Reversed — During a computer forensics examination for alleged fraud, multiple images of child pornography were discovered on defendant's computer. A second search warrant was obtained and a federal forensics examiner eventually uncovered over 150 images of child pornography. Defendant was ultimately charged with one count of "knowingly received and attempted to receive one or more visual depictions [of minors engaged in sexually explicit conduct]," i.e., two Web site banners containing sexually explicit images of children.


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