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

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned E-Safety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo have teamed up to produce a series of educational videos focused on safety standards for adult performers.

My.Club Appoints Nicole Aniston Newest Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Elevated X Implements Age Verification Solution, Integration API

Elevated X is now offering age verification services (AVS) through an API.

MojoHost Unveils 'Star Wars Day' Promo

MojoHost will celebrate “Star Wars Day” on Saturday by offering a special discount on new purchases of dedicated servers, VPS and CDN prepay plans throughout the month of May.

2024 XBIZ Miami Show Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, the adult industry's biggest summer conference, set to take place May 13-16.

California Labor Division Rules in Nicole Doshi's Favor in Motley Contract Dispute

The Division of Labor Standards Enforcement of the California Department of Industrial Relations ruled on Monday in favor of Nicole Doshi in her contract dispute with defunct talent agency Motley Models and its former owner Dave Rock.

Video: FSC's Alison Boden Testifies Before California Assembly Committee Regarding Age Verification

Free Speech Coalition Executive Director Alison Boden testified before the California Assembly Judiciary Committee on Tuesday, in opposition to the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Princess Mindy Is LoyalFans' 'Featured Creator' for May

LoyalFans has named Princess Mindy as its Featured Creator for May.

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt has signed into law Oklahoma’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Show More