Search Warrant Based on Old E-mails Linked to Address Supported by PC

U.S. v. Burkhart, 2010 WL 16340151 (4/23/10) (Published) - The warrant to search the defendant's home for child pornography was supported by probable cause. E-mails sent at the latest 2 years and 4 months before the search requesting child porn, the linking of the e-mail address to a David Burkhart whose subscriber address was in McAlester, Oklahoma, motor vehicle division records linking David Burkhart to 2 different addresses in McAlester and the registered Jeep Cherokee outside one of the residences was enough evidence. Child porn recipients are likely to hoard child porn for a long time, even though collection is easier now with the internet than it used to be. And in this case the volume of e-mails ordering porn and the defendant's expressed enthusiasm further supported the idea he would keep the porn for a long time. The evidence sufficiently connected the defendant to the address, even though the officers sought a warrant for another home in McAlester as well. The officers could have probable cause with respect to each of the homes because probable cause is less than a preponderance. And, in any event, the good faith exception would apply, if there wasn't probable cause.