CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, April 7, 2006

Subscription to Porn site = Probable Cause

The 9th Circuit Court of Appeals, in U.S. v. Gourde, No. 03-30262, ruled that mere membership in a pornographic website that contains both legal and illegal porn is enough to authorize the FBI to search a home computer.  The 7-2 decision provoked a strong dissent from two judges who are on the liberal and conservative extremes of the court joined forces.

"The majority concludes that the [search warrant] affidavit made out probable cause by assuming that anyone who subscribes to an internet site with both legal and illegal material must collect illegal material from the site," wrote Judge Andrew Kleinfeld, a conservative appointee of President George H.W. Bush. "This assumption stacks inference upon inference until the conclusion is too weak to support the invasion of privacy entailed by a search warrant," wrote Kleinfeld. More from the National Law Journal. . . [Mark Godsey]

Search and Seizure | Permalink

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No comments!!!!

Posted by: palll | May 3, 2006 12:57:21 AM


Posted by: Doug | Nov 25, 2006 4:24:07 PM


Posted by: Oleg | Feb 2, 2007 6:18:27 AM

nice, I'd like to see more


Posted by: Cathy | Feb 26, 2007 8:15:26 AM

This is great. Thanks


Posted by: Cathy | Feb 26, 2007 8:19:36 AM


Posted by: Cathy | Feb 26, 2007 8:20:14 AM

I would like to see more. that is great thanks

Posted by: Robert | Jul 18, 2007 5:11:04 PM

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