Federal Court Tosses Child Porn Guilty Plea

SAN FRANCISCO — A fedesal appeals court has overturned the conditional guilty plea of a Washington man who admitted to possessing child porn but sought to suppress images from his computer.

The 9th U.S. Circuit Court of Appeals said Thursday that a U.S. District Court erred in refusing to suppress evidence seized from appellant Micah Gourde’s computer as an FBI affidavit failed to link his membership to a mixed child and adult porn website and his possession of child porn.

Gourde, of Castle Rock, Wash., had been charged with one count of possession of visual depictions of minors engaged in sexually explicit conduct.

He admitted to possessing more than 100 images of child pornography on his home computer; however, Gourde conditioned his guilty plea on his right to appeal the district court’s denial of his motion to suppress the images seized from his computer.

Thursday’s decision ruled for Gourde, who contended that the FBI acted “objectively unreasonable in relying on the allegedly unlawful warrant.”

The FBI built its case based on an investigation of Lolitagurls.com.

Acting in an undercover capacity, an FBI agent discovered Lolitagurls.com, which described itself on its homepage as site that offered “hard to find pics! With weekly updates and high quality pics inside, you cant go wrong if you like young girls!”

Lolitagurls.com was touted as having “over one thousand pictures of girls ages 12-17!”

The site, costing $19.95 a month, contained adult pornography, child porn and child erotica, according to an FBI affidavit, which noted that some of the images the agent downloaded depicted sexually explicit poses of naked young girls.

Subsequently the owner of the site, Keith Fields of Hiawatha, Iowa, provided information through a federal grand jury subpoena on members of Lolitagurls.com after his arrest.

Among the records obtained, the FBI discovered information regarding Gourde and his email address, gilbert_95@yahoo.com.

Gourde had, according to FBI records, been a member of Lolitagurls.com from November 2001 through January 2002.

But in Thursday’s ruling, the court found that the FBI did not corroborate evidence linking his membership to the site and Gourde’s probable possession of child pornography.

“[T]he officers had ample opportunity to analyze the server seized from the owner of Lolitagurls.com,” Judge Melvin Brunetti wrote for the majority in the opinion. “Because the officers failed … to present other target-specific corroborating information linking Gourde’s two-month membership to a mixed child pornography/adult pornography website to his probable possession of child pornography, they acted objectively unreasonably in applying for and executing the warrant at issue.”

However, Judge Ronald M. Gould, who concurred in the 3-0 panel decision, noted that the legal system impedes legitimate law enforcement efforts to cut off the demand and thereby affect the supply of child pornography.

“We do a disservice to one of the most vulnerable segments of our society,” Gould wrote. “It is too bad that the 9th Circuit’s prior precedents on searches for child pornography impose a more rigorous test for probable cause than that called for by common sense and common experience.”

“It would be better if we rethought and reformulated the requirements of our [federal appellate] law,” Gould said.

The case is United States vs. Michah J. Gourde, No. 03-30262

Copyright © 2025 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

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

11:11 Creations Launches Affiliate Program

11:11 Creations principal Alicia Silver has launched 11:11 Cash for creators and affiliates.

Pineapple Support, Pornhub to Host 'Self Love' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers to develop self-love.

Show More