The Government appealed from an order granting the defendant’s motion to suppress thousands of images of child pornography recovered pursuant to a search warrant. The affidavit of probable cause alleged that the defendant “had sexually abused two children in his home and, on multiple occasions, took to the Internet seeking out used children’s undergarments and photos and videos of partially clothed children,” and “it stated that child abusers routinely keep such images.” But the affidavit never alleged that the defendant possessed child pornography. The Third Circuit sidestepped the issue, though, by concluding that the exclusionary rule would not apply because “probable cause presents a close judgment call” and thus “suppression would not meaningfully deter future Fourth Amendment violations.”
