United States v. Roby
United States v. Roby
Opinion of the Court
MEMORANDUM
We hold that the search warrant used in this ease was supported by probable cause under the Fourth Amendment. While the screen name “pssygtr” (like most names) is not necessarily unique, the use of the same screen name in two similar contexts was enough for the magistrate to conclude that it was probably the same person who used it in both instances. Because one of the uses involved downloading child pornography, it was not clearly erroneous
Likewise, the eight and one half month gap between when “pssygtr” downloaded child pornography and when the warrant was executed did not render the information relied on by the warrant stale. “The mere lapse of substantial amounts of time is not controlling in a question of staleness.”
Because the warrant was supported by probable cause, we need not reach the good faith exception under United States v. Leon.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. The issuance of a search warrant is reviewed for clear error. United States v. Fulbright, 105 F.3d 443, 453 (9th Cir. 1997).
. The magistrate need not be certain that the items will be found on the premises; "a fair probability” is sufficient to establish probable
. 923 F.2d 1338 (9th Cir. 1990).
. United States v. Lacy, 119 F.3d 742, 745 (9th Cir. 1997) (citations omitted).
. Id. at 746 (citations omitted).
. 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984).
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. James W. ROBY, Defendant—Appellant
- Cited By
- 1 case
- Status
- Published