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 © 2026 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

Pornhub Awards Fiesta: A Night of Music, Dancing and Camaraderie

The eighth annual Pornhub Awards transformed Los Candiles Night Club in Glassell Park into a celebration of glamour, glitter, fashion and fame Wednesday night, as performers, creators and industry insiders toasted the year’s winners and danced late into the night while Diplo and Midnight Mary kept the party pulsing from behind the decks.

Ukrainian Parliament Rejects Porn Decriminalization Bill

The Verkhovna Rada, Ukraine’s parliament, on Thursday voted against passage of a bill that would have decriminalized the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

FSC Launches Pride Fundraising Drive

The Free Speech Coalition (FSC) has launched its Pride Fundraising Drive to support its efforts on behalf of the LGBTQ+ community.

Cultpix Debuts AI-Generated Vintage Adult Films at Cannes

At this year’s Cannes Film Festival, B-movie streaming service Cultpix debuted a collection of AI-generated short films drawn from erotic magazine photo spreads published 50 years ago.

Ofcom Fines Youngtek Solutions $800K for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed fines totaling 600,000 pounds (more than $800,000) against adult site operator Youngtek Solutions for failing to implement age checks and respond to information requests as required for compliance with the Online Safety Act.

Pornhub Launches Lesbian Site 'Pornhub Sapphic'

Pornhub has launched Pornhub Sapphic, a site dedicated to female and non-binary content and creators.

Brazil Invites Public Input on AV Guidelines

Brazil’s National Data Protection Authority (ANPD) on Friday launched a public consultation on developing guidelines for age verification mechanisms under the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Show More