What is the test for obtaining a search warrant in a child pornography case?

MultiRegion, United States of America

The following excerpt is from USA v. Hay, 231 F.3d 630 (9th Cir. 2000):

In a related argument, Hay asserts that there must be a pattern of activity to infer long-term storage and to support a warrant in child pornography cases. For this he relies on our statement in Lacy to the effect that "[t]he information offered in support of the application for a search warrant is not stale if `there is sufficient basis to believe, based on a continuing pattern or other good reasons, that the items to be seized are still on the premises.' " Lacy, 119 F.3d at 745-46 (quoting United States v. Gann, 732 F.2d 714, 722 (9th Cir. 1984)). While he is correct that a continuing pattern would support a warrant, so, too, do "other good reasons." Thus, the magistrate judge could properly authorize a search so long as there were good reasons to believe the 19 images were still in Hay's computer. As we have explained, there were.

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