Appeals Court Approves Child Porn Searches

SAN FRANCISCO – An appeals court has ruled that police can search a suspect’s computer hard drive if that person is known to have subscribed to a child porn website, enabling police and investigators fewer constraints during child porn searches and seizures.

The 9th U.S. Circuit Court of Appeals determined that there is "fair probability" that members of child porn sites who have submitted their credit card information are likely to be receiving and downloading child porn images, and therefore, it is within a reasonable scope that investigators be allowed to search hard drives for evidence.

The decision is based on a case involving the website LolitaGurls.com and a site member, Micah Gourde, who was under investigation. While Gourde was a known member of the site, and child porn was found on his hard drive by the FBI at the time of the investigation, his attorney had tried to suppress more than 100 child porn images arguing that the FBI’s affidavit did not establish probable cause that Gourde had violated child pornography law, and therefore a search of his computer was unwarranted.

But the appeals court determined in its ruling that since Gourde had paid money to be a member of the site, that there was “probable cause” that he had in fact downloaded illegal images, and that the FBI had acted fairly in its search of the hard drive.

The panel voted nine to two in its ruling that a district court had properly declined to suppress the evidence, according to reports. Gourde’s attorney has said he will consider appealing the case to the U.S. Supreme Court.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims in a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

After Seoul authorities repeatedly prevented 2024 KXF The Fashion from finding a suitable venue, event organizers have canceled the popular Korean adult industry expo, which was scheduled for this week.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with congressional candidate Joe Cohn, whom the organization calls a strong advocate for adult industry rights.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

Show More